District Court Juvenile Court

_________________________________________ County, Colorado

Court Address:

In re:
The Marriage of:
The Civil Union of:
Parental Responsibilities concerning:
______________________________________________________ COURT USE ONLY

Petitioner:

and

Co-Petitioner/Respondent:

Attorney or Party Without Attorney (Name and Address): Case Number:

Phone Number: E-mail:

FAX Number: Atty. Reg. #: Division Courtroom

RESPONSE TO MOTION FOR: MODIFICATION OF CHILD SUPPORT AND

RETROACTIVE SUPPORT

I am the Petitioner in this action.

1.On 07/13/2014 the petitioner filed for divorce in Teller County, Colorado and the court ordered temporary Child
support in the amount of $600.00 on 08/01//2014 to be paid by Respondent commencing on the 1st day of each
month beginning 08/01/2014. The child support was ordered to be paid through the FSR (Family Support Registry).
On 02/26/2014 the order was made permanent. The Respondent was present in the courtroom, made aware of the
order and agreed to them.
2.The last order regarding Child support was on 02/19/2021. The court ordered the Respondent to continue to pay
child support, pay the arrears balance and ordered an income assignment for child support through the FSR if not
previously ordered pursuant to section 26-13-106, C.R.S., in accordance with state procedures. It was also ordered
that any arrears for child support that respondent still owes remains, and child support remains the same since there
was no motion filed to address child support. The court made it clear that the plaintiff was to notify the courts if the
respondent did not comply with this order. The respondent to date has not complied with this order. The Respondent
willfully fails to comply with the order and has never understood why he must pay the support to me.
3. October 23, 2014 I received a notice from Just for Kids where our children attended daycare, that if the past due
balance of $2,000 is not paid by November 1st, 2014 they would no longer be able to take our kids. The past due
was the respondent not paying child support.
4. On 10/24/2014 I took out a personal loan from family to cover the respondents portion of the past due child care
expenses. The state's policy as set forth in the child support statute is to provide an adequate standard of support
for children, “subject to the ability of parents to pay.” 14-10-115(3)(c)(I), C.R.S. A non-custodial parent's financial
resources and needs are also one of five relevant factors to be considered by the trial court when ordering support.
14-10-115(1)(e).
5. On January 16, 2015 I received a notice from Just For Kids Childcare that either the balance of $727 be paid
current or they could no longer take our children. That was the last day the children attended child care, I could not
afford to go to work and send my children to child care and pay the full balance on my own anymore as I was having
to not pay other bills to accommodate for the expense.
6. January 29th, 2015 I was forced to quit my managerial position at Park State Bank and Trust that I held for 3
years. The respondent failed to meet his child support obligations which was depended on and specifically factored
in to the child support amount order for childcare on 08/01/2014 and the facility would no longer take the children. At
this time, I had no other options for childcare as all facilities in Woodland Park were full and the only 2 available,
Bonnie from Just For Kids had made contact with to advise them of my past due balance with her. They would not
accept my children. Being home with my children and knowing they were safe and not with some stranger that I last
minute found took precedence over my job and I became unemployed for the first time since I was 17 years old.
7. On February 1, 2015 I filed for unemployment with the State of Colorado. Initially I was denied the unemployment
as my previous employer reported my job separation as I quit. That was not the case, I would never quit a job with
the financial obligations I had and 2 children to care for. I was making $17.74 an hour and had just bought my first
home in December 2013. I was not going to risk losing that. After months of litigation and back and forth with the
previous employer and unemployment I filed for an appeal on the case. On March 27th, 2015 I won the appeal and
began receiving unemployment benefits in April 2015. I went with no pay from January 17, 2015 – April 2015.
8. March 02, 2015 I was forced to withdrawal from my Mass Mutual retirement plan that I held through my employer
Park State Bank and Trust so that I could meet my financial obligations to include child care because the
Respondent failed to meet his financial obligations to the children.
9. April 23rd, 2015 the Plantiff was ordered to appear in court as Just For Kids Childcare sued her for the remaining
balance never paid. The plaintiff lost at the hearing and a judgment was entered for $1,108. The judgement was
satisfied out of the sale of the house by the lender who repossessed it because the day care facility put a lien on the
property. There have been 3 contempt actions filed on this case for failure to pay child support. Each hearing the
Respondent agreed he would pay the ordered support. The respondent never upheld to his statements in court.
10. December 2015, I was forced to use welfare services (TANF) through the state of Colorado pursuant to Title 26
Human Services Code •26-2-701, C.R.S.: Colorado Works Program Act, due to Respondents failure to fulfill his
financial responsibilities to the children. At the same time, I was required to apply for Colorado Child Support
Services which would assist in enforcement actions on my behalf. Child support services began enforcement action
in May 2016 when the Respondent resided on Querida Drive in Colorado Springs, Colorado. This caused him to
quickly abandon his rental home and moved back to Lake Havasu City Arizona to evade them. Pursuant 18 U.S.C. §
228- Failure to pay legal child support obligations. The respondent violated the law as Section 228 of Title 18,
United States Code, makes it illegal for an individual to willfully fail to pay child support in certain circumstances, as
this statute prohibits individuals obligated to pay child support from crossing state lines or fleeing the country with
the intent to avoid paying child support that has either been past due for more than 1 year or exceeds $5,000. (See
18 U.S.C. § 228(a)(2)). Any individual convicted of this crime may face up to 2 years in prison. I personally have
knowledge of this because when he quickly abandoned his house in Colorado Springs I rented a U-Haul trailer and
spent 5 days cleaning the home, bringing all his personal items to my house to store for him upon his desperate
request.
11. The first and only income assignment that was ordered was the last W-2 job Respondent held in 2017. This was
the first time Plaintiff had received three consecutive payments of $183.97 on 02/14/2017, 02/22/2017, and
03/01/2017. The last payment on 03/01/2017 was the last time the respondent worked for anyone but himself
voluntarily due to the wage garnishment. See In re Marriage of Atencio, 47 P.3d 718 (Colo.App. No. 01CA0347,
Mar. 28, 2002). The trial court determined that "a finding that a parent has been terminated from his employment for
his own misconduct supports a determination that the parent is voluntarily underemployed or unemployed. “We
acknowledge the attractiveness of such a position. Parents should know that they might not be able to continue
paying or, as here, provide even increased child support if they commit acts leading to their separation from their
jobs. Under this line of thinking, a child should not be disadvantaged because of a loss of income caused by the fault
of the parent.
12. In 2018 the Plaintiff was foreclosed on and lost the home. There was a buyer for the house who began the
process with the title company and ended up not qualifying for the loan. At that point there was no time to find a new
buyer. The child support order in 2014 specifically was based on childcare costs and the mortgage payment that
provided a roof over our children’s head, and both of those were lost. The plaintiff began the forbearance plan with
JP Chase Morgan in 2017 due to either nonpayment of child support or a very reduced payment.
13. The respondent claims that plaintiff is not entitled to the arrears child support, and continues to tell child support
services in Colorado, Arizona and other agencies that there is no current child support order, and he is unemployed.
The respondent has never abided by the courts order to pay child support and never will, it is a big joke to him and
each judge that has continued the order will continue to get the Respondents agreement in the court room and that
is where it ends. Respondent never helped support the children while they were in Plantiffs custody even during the
marriage, she mostly was the bread winner and supported the family.
14. The Respondent began paying $9.06 on August 16, 2019 when he advised Child support services in Arizona
that he was not employed. He sent a text message on August 15, 2019 and September 4 th, 2019 laughing about it
and advising the Plantiff to not spend it all in one place. He does not take the courts order seriously and never has.
Plaintiff has suffered financially immensiely over the years due to his willful failure to pay.
15. The respondent has the means to pay child support as he displays no financial burden in keeping an attorney on
his case whom he hired in July 2020 after plaintiff filed a motion to restrict his parenting time for allegations of
abuse, neglect, and substance abuse. He has kept this attorney on with no problem paying out thousands of dollars
and plans to continue to pay thousands of dollars as he states, “ Take me back to court I already paid over 5,000 for
an attorney and I’ll pay another 5,000 no problem.
16. Robert has intentionally kept his business address listed as his parents address 1755 Quartz lane Lake Havasu
City Az 86404 since he moved back to Arizona in 2016 to evade child support services.
1Robert does not file business taxes or individual taxes in an effort to evade the interception of child support
payments. Robert also does not have a business license in the state of Arizona listed on any business website due
to evading child support services enforcement. He used to have a business license listed in Lake Havasu City until
child support was beginning to enforce orders again on him. He hides under the radar and intentionally hides bank
accounts and assets and business information to evade child support interception.
15.Robert has a restored car that he has put 7,000 + into over the course of the last 12-18 months. He has no
problem finding the money for this hobby.
16. In May 2020 I hired a private child enforcement agency to take my child support case and help me to collect
child support from Robert. The agency contacted him after months of no success and Robert told them there was no
current child support order and he has no arrears balance and that I was being untruthful and lying to them. It took
me 7 months go get on with this company and to provide all the information I had and all of Roberts information day
in and day out with all the documentation required. They can no longer provide me services because Robert lied to
them and they no longer wanted anything to do with my case.
17. The respondent roadblocks every effort plaintiff has made to collect child support on an order of the courts that
he willfully failed to comply with. However, because the courts never find him in contempt or punish him, and child
support services never suspend his driver’s license, business license, or take any other action, he will continue to
escape his legal obligation and will avoid paying the balance intentionally.
18. The request for retroactive pay is merely out of revenge from a prior case of abuse allegations brought on by
plaintiff on 07/31/2021. This modification is strictly to punish plaintiff for filing the accusations with the courts and that
is the only motivation this motion has. Robert has not attempted to modify the order in 7 years until he promised me
that he was going to make me pay and to be prepared because he is also going to get retroactive child support and
an order for me to begin making child support payments.
19. On January 22, 2021 I attempted to ask Robert if he planned on paying any of the arrears balance and if so
requested that he directly send the funds to a financial institution where I have two 529plans (College Savings
Plans) open for both children since 2014. I explained that time is not going any slower and how important I thought It
was to maintain these accounts and continue to fund them so the children would have money for college in a few
years. This is where I requested any child support payments go. I was greeted with name calling and it was
requested that I sign my rights away to my children and he will quash the attorney fees I owe him and not ask for
retroactive child support as he was going to punish me for the case on 07/31/2021.
20. Roberts delay in seeking modification is unjustified: Although the alleged change in the children’s primary
residence had occurred in 2018 those were based on temporary orders and there was no modification or motion to
modify. The change of residence did not permanently take place until 02/19/2019 at which that time the Respondent
did not contest the child support orders again. The change of custody was not mutually agreed on. In any action or
proceeding in any court of this state in which child support, maintenance when combined with child support, or
maintenance is ordered, a payment becomes a final money judgment, referred to in this section as a support
judgment, when it is due and not paid. Such payment is not retroactively modified
21. The respondent has failed to take any action in this matter in 7 years. However after a hearing was held when
Petitioner motioned the court to restrict his parenting time on July 31st, 2020, and the courts ordered her to pay the
respondents attorney fees and cost The original order was set on 12/01/2014, 7 years and multiple advisements by
the courts of how to modify if needed. The plantiff has no way to recover any of the arrearages of child support
because the Respondent makes it impossible. He refuses to pay, he refuses to work as a W-2 employee, he hides
his business and doesn’t pay taxes therefore IRS interception is impossible,
22. I would ask that no more chances be given on this matter and that the courts find Robert has had the ability to
pay child support since ordered and has chosen to neglect his responsibility for 7 years willingly. Allowing the
Respondent to escape his child support obligation arrears where he is complelty willfully not paying would be a
miscarriage of justice. I ask the courts to consider the petitioner and the children in this case and what they have
gone through, which could have been avoided had Respondent fulfilled the courts order in the first place. There has
been a continuing battle to enforce the orders.
23. Petitioner respectfully moves this court to fully enforce these orders and take legal action against Respondent for
willfully failing to comply with the orders for 7 years and find him in contempt of court as he is 12 times over the
federal limit for his child support obligation and refuses to pay and can fulfill his obligation. He has never faced
consequences for his violation of the courts orders and will continue to violate them as long as he is allowed. See
Harvey v. Harvey, 384 P.2d 265(Colo. 1963) While as a general rule the Colorado Constitution (Article II, Section
12) prohibits the imprisonment of a person for debt, one of the exceptions is violation of a court order.
24. The Petitioner respectfully moves this Court to direct the issuance of a Citation to the Respondent, ordering him
to appear before the Court to show cause why he should not be held in contempt of this Court for his willful violation
of existing orders of Court and continual obstruction of the order of the Court, non-payment of child support, and
refusal to pay arrears. Respondent has continually tried to dodge his responsibility, and that is certainly not in the
best interests of the children and is contrary to the orders of the Court.
36.As evidence of a support order, a copy of the permanent support order issued 12/01/2014 is attached as Exhibit
A.
37.As Evidence of nonpayment by the Respondent, a copy of the Family Support Registry record is attached as
Exhibit B, pursuant C.R.S. 14-14-10(1).
38.As evidence of payment from Respondent to Plaintiff outside of the Family Support Registry, a copy of Plaintiff’s
records giving credit to Respondent as otherwise would not be given in the Family support Registry Records. These
documents are attached as Exhibits’ C & D.

My reasons are:
 JDF 1315 R8/17 RESPONSE TO MOTION FOR __________________________
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Date:

Petitioner or Co-Petitioner/Respondent

Address

City, State, Zip Code

(Area Code) Telephone Number (home and work)

CERTIFICATE OF SERVICE

I certify that on ________________________ (date) the original was filed with the Court and a true and accurate copy
of this RESPONSE TO MOTION FOR was served on the other party by:
Hand Delivery, E-filed, Faxed to this number: ___________________, or by placing it in the United States
mail, postage pre-paid, and addressed to the following:

To: _______________________________________
_______________________________________
_______________________________________ ______________________________________
Your signature
JDF 1315 R8/17 RESPONSE TO MOTION FOR __________________________
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