What can I do if my husband is delaying our divorce due to child support? 1 Answers as of March 11, 2011

My husband and I separated seven months ago and have a 13 month old child together. He initiated pursuit of divorce until we had our first mediator session where he finally "learned" that he should be paying child support. (to date, he has assisted with daycare, but no monetary assistance for child support) He is now delaying pursuit of divorce because he does not want court order mandating payment of child support. What retroactive support options do I have or will child support only be effective upon the date of divorce filing?

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John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
You don't explain what you mean by "pursuit of divorce", but apparently that means you consulted a mediator before anything was filed with a court and there is still nothing pending in court. So, you need to begin the divorce process as soon as possible - you gain nothing by delay. The Court can only order child support retroactive to the date the divorce petition is filed and even then that is not absolutely guaranteed. Once you file, your husband can't do much to "delay" and the court will establish a child support obligation pretty quickly even if there is some delay in reaching a final decision.
Answer Applies to: Colorado
Replied: 3/11/2011
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