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  1. #1
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    Apr 2008
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    Default Child Support While Children In Foster Care

    My question involves child support in the State of: Colorado

    At one point during my boyfriend's marriage to his now ex their two children were taken away and put into foster care for a lengthy period of time. During that time the child support kept piling up for my boyfriend to the tune that he now owes close to $16,000.

    My question is.. Is he solely responsible for this debt?? It seems to me that the mother should share some responsibility in the debt??

  2. #2
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    Jul 2006
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    Default Re: Child Support While Children In Foster Care

    Quote Quoting 24jf
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    My question involves child support in the State of: Colorado

    At one point during my boyfriend's marriage to his now ex their two children were taken away and put into foster care for a lengthy period of time. During that time the child support kept piling up for my boyfriend to the tune that he now owes close to $16,000.

    My question is.. Is he solely responsible for this debt?? It seems to me that the mother should share some responsibility in the debt??
    Yes, he is soley responsible for that debt. He should have made sure at the time that his wife/ex was also ordered to pay CS to the state. If he didn't do that then, he won't be able to now.

  3. #3

    Default Re: Child Support While Children In Foster Care

    Quote Quoting 24jf
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    At one point during my boyfriend's marriage to his now ex their two children were taken away and put into foster care for a lengthy period of time. During that time the child support kept piling up for my boyfriend to the tune that he now owes close to $16,000.
    Generally, when children are taken from parents by state child protective authorities and placed in foster care, the state will impose a support order on BOTH husband and wife, who then become "jointly and serverally liable." The state just wants to get its money and does not care whether it comes from his wallet or her purse. The state does not seek "double payment." To the extent the state extracts money from mom, dad does not have to pay, and likewise to the extent the state gets the money from dad, mom does not have to pay. The state leaves it to husband and wife to work it out between themselves. (Same as husband and wife jointly owing money on a Visa credit card. The bank just wants the account to be paid and does not care whether the payment all comes from husband, or all from wife, or from a combination of both.)

  4. #4
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    Apr 2008
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    Default Re: Child Support While Children In Foster Care

    Is there any way that my boyfriend could file a suit against his ex to hold her responsible for her portion since the State did not??

  5. #5
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    Default Re: Child Support While Children In Foster Care

    Quote Quoting 24jf
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    Is there any way that my boyfriend could file a suit against his ex to hold her responsible for her portion since the State did not??
    IF he was ordered to pay his ex's portion, it might be possible. He should get a consult to see about that possibilty.

  6. #6

    Default Re: Child Support While Children In Foster Care

    Quote Quoting 24jf
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    Is there any way that my boyfriend could file a suit against his ex to hold her responsible for her portion . . . . ?
    Wait a sec..... His "ex"? Are they now divorced? If so, what did the divorce court say about this joint debt obligation owing to the state? Or was this not dealt with as part of the divorce?

    If the child was taken from a custodial parent after the parents are divorced, and noncustotial parent was already under a child support obligbation, his obligation generally continues as before but the payment is then redirected to the state rather than to the custodial parent. And the state then initiates a separate proceedng to establish a support obligation the parent who had custody prior to the child's removal, with that parent then being obligated to pay money to the state for so long as the child continues in state placement.
    LDG

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