Colorado Child Support Questions

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

Colorado Child Support Questions

Unread postby stresseddad81 » Thu Dec 28, 2017 11:29 am

Good morning,

I am in the middle of an APR case with my ex gf, never married. We are scheduled for mediation next month and our court date is in March.

I am expecting to have 50/50 parenting time as that has been what we discussed since before our son was born. Currently my ex does not work, receives a free apartment through government assistance, free groceries, and all of the babies food is provided by government. I pay for his food and things when I have him myself and he is on my medical insurance. Supposedly my ex is starting a full time job in February with the state government as she has been in the process and back ground checks for some time and expects her training to start in Feb.

As it stands right now, since she is claiming 0 income my lawyer is saying I will probably be having to pay close to 1100 a month in child support even though I have him half the week. Originally I thought they would at least put her in at minimum wage as she is fully capable of working and has been since last year. My lawyer stated that since my son is less than 30 months old they will allow her to claim 0 income.

My questions are this, I am fully accepting of paying child support, but find 1100 a month to be a bit unfair since I have him and she is able to work. If she starts working in February, will that be taken into consideration since she will be receiving fulltime income? If the order comes through at that amount prior to her actually starting, once she does start working and notifies that her income changes can I request a modification if it is that soon?

I am just stressing as this amount is going to put me in a position of living check to check to make ends meet.

Thanks
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Re: Colorado Child Support Questions

Unread postby Tom Kirkpatrick » Thu Dec 28, 2017 1:40 pm

stresseddad81 wrote:.....my ex is starting a full time job in February.....
It makes no sense to calculate child support now when she'll be working full time in February.

I presume your case is still in progress. If so, it should be easy enough to get a continuance - postpone the CS hearing until she becomes gainfully employed.

But if push should come to shove, you could get an Order for Temporary Child Support and then modify it when she starts working. After all, we're only talking about a couple of months, right??

Are you paying court-ordered child support now??

Have you done your own child support calculations??.....using a variety of financial scenarios??.....thru CO's CS calculator??

Tom
Like football, family court is a game of inches. A John Madden strategy
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Re: Colorado Child Support Questions

Unread postby stresseddad81 » Thu Dec 28, 2017 2:54 pm

Hi Tom,

Thanks for the reply. Yes the case is still going. We are scheduled for mediation next month, and if we are unable to agree on anything our actual court date is in late March. I was not aware I could ask to move it forward.

I do not currently pay anything ordered by the court. She basically uses what she gets from the government and I buy whatever I need for him when I have him, except diapers and clothing which I send to her when needed.

The calculations I have been given came from my lawyer, based off the calculator with different scenarios. I am looking at a worse case right now, as I was not aware they would not set her at what she is capable of making since our son is son young
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Re: Colorado Child Support Questions

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

Your lawyer is right about the 30 month, I got hit by the same thing. You want to know the really crappy thing with the 30 month statue according to my lawyer? Some judges in Jefferson county consider the mother's lack of work, or underemployment the status quo after the kids ages out of the statue so it is possible not much changes when the kids gets closer to 3 years old.


When you say you are using a calculator are you using the Family Law Software that you can download from the CO judicial website? From my experience it was very close to what the calculation in my permanent orders was, I think it was off by something like $50.

I'd try to get temporary orders for child support, that minimizes your risk of back child support. Also take this with a grain of salt, according to my lawyer you can request for child support to be modified under two main conditions. The first is if the amount of support will change by more than +- 10%. The second is at key milestones of number of overnights, which sounds like they won't apply in your case, but 91 and and 182 is what I recall.
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