Colorado Child Support Modifications

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

Re: Colorado Child Support Modifications

Unread postby colodad70 » Sun Dec 31, 2017 3:40 am

Chaos wrote: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?


Right. This is correct. I’m paying more than what is court ordered at the moment because we’ve always figured out what the court would order amicably without having to involve the court. I’m fine with paying what the court would order, just not more than the court would order. Which is what she is expecting now. I’m paying what the court would order using the Colorado child support calculations. She thinks she’s due more because she’s disputing overnights. The disparity over the number of overnights, though only a few nights, results in a 200 change. I figure paying the lesser amount that the calculator returns with the accurate overnights is safe because it’s still more than the last official child support order put in by the courts. If she wants to file court papers and make it official, or dispute that I’m not paying her enough, I’ll leave that up to her.

And yes, every check I give for support is marked as support and paying ex directly was agreed on in the separation agreement.
colodad70
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Re: Colorado Child Support Modifications

Unread postby Tom Kirkpatrick » Sun Dec 31, 2017 2:32 pm

Cost vs benefit -
When will your youngest child attain age of majority?? If she takes you to court, how much will it cost??.....and how long will it take?? Other than being a matter of principle, is it worth it??

It's never a good idea to modify child support on your own without benefit of court order. She could claim "discrepancy" and it would be incumbent upon you to show otherwise. We've seen it happen. Big fiasco.

Tom
Everyone is entitled to my opinion. - Maxine™
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Re: Colorado Child Support Modifications

Unread postby colodad70 » Tue Jan 02, 2018 3:08 pm

Thanks, Tom, for your replies.

I paid the adjusted amount along with an explanation for the difference (incorrect overnight number). I also called the court and reconfirmed the last child support ordered is still less than what I'm giving her now. Again, I'm not trying to keep the kids from getting the financial support they're due at mom's just because we haven't gone through the courts for our prior updates to the support amount, but I refuse to pay more, especially since she's remarried and is in a dual income home with more financial resources than my own.

Of course she's not at all happy and is even threatening to look into her ability to withhold the kids during my parenting time and making lots of other threats. So, the games are definitely beginning.

It seems to me worst case scenario is her filing for a child support mod, which should result in an order of around what I'm already paying anyway because I'm confident the number of overnights used in our last emailed agreement is incorrect and the conceivable margin for error on my part still puts me over the threshold for using worksheet B vs A.
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