Colorado Child Support Modifications

Parental Alienation, Malicious Mother Syndrome, dealing with the ex, and various other non-legal concerns throughout the process.

Colorado Child Support Modifications

Unread postby colodad70 » Wed Dec 27, 2017 3:23 pm

Question regarding child support modifications in Colorado.

The only orders filed pertaining to my divorce is the original separation agreement filed when our divorce was completed nearly 10 years ago. Using round numbers for simplicity, say the separation agreement ordered $2000 maintenance be paid for 5 years with $1000 for child support with a note stating that child support would be recalculated once maintenance ended.

We've recalculated child support a few times since maintenance ended and after other life events but have never filed anything new. All of the changes have resulted in me paying greater than the 1000 originally ordered for child support.

There is currently a debate about the amount of child support that should be paid. So, my question is, since the last order filed by the court was for 1000 in child support, is that all I'm technically accountable for according to the court since all other changes were agreed to via email without involving the court?

Thanks in advance for your replies!
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Re: Colorado Child Support Modifications

Unread postby astrolink » Wed Dec 27, 2017 3:27 pm

You only owe what is court ordered. Do know that if your ex files for an adjustment tomorrow, expect CO to go by their guidelines and it will be retroactive to the date she files.
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Re: Colorado Child Support Modifications

Unread postby colodad70 » Wed Dec 27, 2017 3:45 pm

astrolink wrote:You only owe what is court ordered. Do know that if your ex files for an adjustment tomorrow, expect CO to go by their guidelines and it will be retroactive to the date she files.


Cool. That's what I understood as well. We use the calculator from the state's website and recently had a child age out of support obligations. We recalculated using the calculator again but I made the mistake of not double checking the number of overnights accounted to me which resulted in worksheet A calculations being used rather than worksheet B when the correct number of overnights is used. This results in a change of a couple hundred less in my obligation according to the calculator. (This was all done on our own and nothing was filed with the court)

I explained that I will be correcting the child support amount I pay effective 1/1 since discovering the error. Ex is now claiming that she will notify the court that I am not paying the agreed amount and I'll be in contempt and not eligible for the child tax credits I'm scheduled to receive next year.

Just wanted to make sure I'm covered since I'm paying exactly what the colorado child support calculator dictates. Which is less than what she thinks she deserves but is more than the last order signed by the court.
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Re: Colorado Child Support Modifications

Unread postby ScaredNConfused » Thu Dec 28, 2017 4:45 pm

Don't take legal advice from your ex!

One thing that I'm still learning is don't telegraph your actions unless you have to. File for the modification immediately, I'd say the safest bet is to continue paying what you currently are until the court gives an order.
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Re: Colorado Child Support Modifications

Unread postby Phoenix853 » Fri Dec 29, 2017 11:24 am

If you were ordered to pay $1000/mo until you can agree and have a signed order by the Judge. Since there isn't an agreement as of yet. I'd be paying the $1000.

This sounds like it will end in court anyways so let the games begin. If she's not willing to sit down at the table and discuss this, then there isn't anything to say. Radio silence.

Do your do diligence to get all the information you can regarding the calculations and CS laws. Hire an attorney and knock this out of the park.
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Re: Colorado Child Support Modifications

Unread postby Tom Kirkpatrick » Sat Dec 30, 2017 12:55 pm

colodad70 wrote:I explained that I will be correcting the child support amount I pay effective 1/1 since discovering the error.
It's incumbent upon you to maintain the $1K/mo until the court says otherwise.

colodad70 wrote: Ex is now claiming that she will notify the court that I am not paying the agreed amount.....
This is what you get for telegraphing your intentions.
Next time, maintain radio silence. In situations like this, you must never tip your hand.

Q: When was the last CS order written?? Did you settle on this dollar figure out of court??

Q: Can the CS correction be made administratively thru CO's Support Enforcement??

Q: Does CO have a time constraint on CS modification??
For example; in Oregon, CS modifications can occur 3 yrs after the last order was written.

Tom
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Re: Colorado Child Support Modifications

Unread postby colodad70 » Sat Dec 30, 2017 4:36 pm

All child support modifications made since the original agreement of 1000 have been agreed to via email without involving the court. The last support order given by the court was nearly 10 years ago for 1000 but things have been mostly amicable and we’ve been able to agree on all changes required since. This includes the last change after one of our kids aged out of being included in the support calculations. The only difference now is that I realized a mistake was made with the most recent calculations (the number of overnights). After correcting it, my obligation is reduced by 200/mo (1600 to 1400) because the difference of a couple days moves me from worksheet A to B.

Given that I’m paying exactly what the calculator dictates according to our incomes and overnights, and since it’s actually greater than what’s on order with the court, I feel justified in paying the corrected amount.

I’ve always paid support directly to ex. Child support enforcement has never been involved. If she were to attempt going to court, I’m paying exactly what the court would order anyway, so I’m not really concerned about her threats of court enforcement. I know some would argue that I should just pay the 1000 and put it on her to go to court to get an order for me to pay what’s due now. I don’t mind paying what the law requires, so us settling it without involving the court has always worked, but I’m not paying a penny more just because she refuses to acknowledge the correct number of overnights. If she wants to go to court so they can tell her the same thing I’ve already said, more power to her.

You can request support mods as often as you like in CO but it won’t be granted unless the change is greater than 10% of the obligation.

If you guys think there’s reason I should be concerned about having the order enforced by the court rather than just us using the same calculator to figure out the number on our own, let me know.
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Re: Colorado Child Support Modifications

Unread postby astrolink » Sat Dec 30, 2017 10:56 pm

How exactly do you pay each month? Do you use a check and identify it as child support in the memo?
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Re: Colorado Child Support Modifications

Unread postby Tom Kirkpatrick » Sat Dec 30, 2017 11:32 pm

colodad70 wrote:All child support modifications made since the original agreement of $1,000 have been agreed to via email without involving the court......I’ve always paid support directly to ex.
Do you realize how vulnerable you are??.....and what she could do to you??

colodad70 wrote:.....I feel justified in paying the corrected amount.
No matter how justified you feel, it's not correct until the judge says it's correct.

colodad70 wrote:If she wants to go to court so they can tell her the same thing I’ve already said, more power to her.
You talk a big game, Bro.
If this goes to court, you're gonna be looking at one huge arrearage.

Tom
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Re: Colorado Child Support Modifications

Unread postby Chaos » Sat Dec 30, 2017 11:41 pm

To clarify, he's currently paying more than he's ordered to pay. She wants him to continue to pay more than he's ordered to pay. He wants to pay what he's ordered to pay instead. Actually he still wants to pay 400$ more than he's ordered to pay. She wants $600 more. Again, he's paying more than he's ordered to pay.

He's not really made vulnerable by following the court order. She can't do anything to him except request a modification.

The judge said it was correct for him to be paying less than he's paying.

What kind of arrearage do you get by overpaying?
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