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Family & Divorce Law

Grandmother stuck with child support payments

By Tolison & Williams / July 23, 2014

A grandmother is allegedly stuck paying child support and does not have access to her granddaughter. These situations are usually rare for Colorado grandparents, but they do happen. She received an order to pay child support while her son -- the child's father -- was still 17 years old. Now, her son is 18, but she still has support payments garnished from her wages.

So far this year, the grandmother has been forced to pay $1,964. She has also been ordered to pay an additional $50 per month in back child support from December 2012 to July 2013. She contacted an activist for assistance to release her from the responsibility of paying her son’s child support payments and also to receive some of her money back. The grandmother and the activist sat down at her home to review some documents. In the recent weeks, the grandmother visited the Department of Revenue to inquire about laws requiring grandparents to pay child support, and the answer was “no.”

There was no documentation stating that she is required to have wages garnished from her paychecks. A supervisor with the Department of Revenue informed the grandmother that a prompt stop of wage garnishment from her employment would be issued. Furthermore, it was confirmed with the Department of Revenue that a court order of support was never enforced against her.

Grandparents may end up being part of a court action if the parent is a minor. However, even if they are named, that does not mean that they are automatically obligated to pay child support. In this case, the grandmother may be reimbursed money that was wrongfully withheld from her paychecks. Colorado grandparents who have found themselves in a situation where wages are being garnished for child support may be able to explore legal options to stop the income deductions and receive their money back.

Source:, "AP grandmother seeks reimbursement for child support", Paul Catala, July 23, 2014

Tags: Family Law Child Custody

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