Changing Child Support

From everything I have read about child support, because my husband has a daughter in Texas from a previous marriage, is that they base the child support off of what they made the previous year (his W2 or 1099). I do believe that they take other things into consideration. It is a real same that he cant step up for his son.

J.,

As far as I understand, yes he can do that. Before any court date I would talk to your ex. Share with him why the money that he give is so important to his son. Don't look at the money as an entitlement. Perhaps you and your ex can come to an agreement without going to court.

Wishing you all the best in working out this.
With my whole heart, C.
Owner of Loving Connections LLC

If you would like some assistance in communicating please feel free to check out my company website at www.lovcol.com

I wish I were more informed on Colorado child support laws. I know that in most states, whether the judge will amend the child support downward depends on whether he or she agrees there is a "material change of circumstances" by a percentage written into the child support guidelines. In both Kansas (where my own divorce was) and Georgia (where my husband's divorce was) the set percentage was 30. In other words, unless the judge agreed that the payer had lost 30 percent or more of his/her income, child support would remain where it was.

No he cannot. There are Colorado laws that say like if a Dr making tons of money cannot go be a doorman somewhere for less pay if he has obligations just because. That is called earning potential! It is sad men don't see that child support is to support the children they brought into the world. If he loses his job they will garnish his unemployment. His girlfriend doesn't factor in however it will be taken into consideration that his bills are half of what they are as he has a "roomate" to help him with those bills!
Go find your local city offices, go in and talk to them. If he is purposely not working to avoid paying out what was agreed they can bring him back into court.
He cannot just not pay.
I was worried as my ex makes good money and wants to move closer to his girlfriend in another town (he lives out of state), there are laws preventing him from just quitting his job because he wants to move though. He has a legal obligation to make his earning potential and support his children. I just researched all of this.

My ex says I take advantage too, it is ridiculous and men sometimes are so blind with resentment they do not realize that they are just as responsible for giving their children the best life possible, which means working hard and paying support! I just ignore what he says, he has told anyone that listens poor him having to pay out so much money a month, but guess what? I am here raising our kids 24/7, so tough if he is bitter and full of resentment, he still will be responsible and help me financially raise our children. He left me and moved out of state. So he doesn't even contribute to taking them every other weekend.

You can seek mediation too, a lot less money but they will bring it all to the table, what it costs you to raise the kids, vs what he has to pay out personally and what his bills are, then take into consideration your earning potential and his.
Just fight! Kids get caught in the crossfire of bitterness in divorce and that breaks my heart.

I am in another state altogether. I just want to tell you that he can only take you back to court once a year. You may need to take a lawyer with you to prove that he has the potential to make more and the judge will probably stand by you.

Good morning J.. I've been through the same thing with my ex. Right before our divorce was final, he quit working which dropped his child support obligation from $500.00 per month to $50.00 per month. I contacted CSE to have his obligation based on what he could earn not what he chose to earn. Don't worry, unless he can prove that he has some sort of disability preventing him from making his previous pay or was laid off in a field that's hard to get another job in, he will have no luck getting his payment lowered. Good luck!!

I would find out the laws in your state. Some states will only allow a change in support every couple of years.

Unfortunately he can have the child support modified to what he is currently making. However Child Support is also based on a person’s expenses so if his expenses have decreased since he is now splitting the bills this means it might not be much less than he is paying now. So just make sure that if he does plan on going back to court to modify it that you let the court know that not only has his income decreased that his expenses decreased as well. I also believe that the court will ask if he is only working less hours due to the economy, with many companies cutting back that way they can add that once his pay increases again so will the child support payments to you. You can also go online your self to www.childsupport.state.co.us the calculation worksheet is on this site and plenty more information about child support. I hope this helps.

first of all he needs to be responsable and take care of his child but um unforchanantly he can do this and they will go off his new income it dosent mader to the corts what he has made onth e past just where he stands now. but you can request to the courts that you need state asistance to make up the amount that they cut him back. sorry i hope it works out for you

I don't know the laws in CO, but in Wyoming they take your last 3 income tax returns and figure that he can make this amount and go by that and the current income. I've been in the same boat with my ex for 10+ years. I've learned not to rely on his child support and I do whatever I need to, to take care of my child on my own. Good luck to you.

J. P,

Yes he can do this, but it is not so easy to prove it all either, you are entitled to submit information as well, and they generally do look at total household income if they are trying to cheat the system. But then again in goes both ways. Are you sure he is working less simply to not pay for his son or is he maybe experiencing what many have in companies with lay offs, hours cut and even unemployment issues. Maybe he should take on more of the health insurance or clothing.

I would agree with Mari D, please go to www.childsupport.state.co.us. You will learn that your ex can take you to back to court every three years with the burden being on him to prove he cannot possibly make his current obligation. Get a binder and organize every bit of information you have regarding your child support order. Try not to worry so much about what could very well be empty threats. People do stupid things when they are angry. As for those who think you are getting the child support garnishment for free knows nothing about how the system works. For one, it is the child support enforcers job/employment to make sure their cases are running smoothly and the money is being sent to the custodial parent. You and I pay taxes for this "free" service. My sister happens to be a child support officer and that is the reality. I also paid a fee to have the child support order be enforced. And for those of us in Colorado who receive child support, the state of Colorado takes a small yearly fee as long as we receive child support through the court and state of Colorado system. Most importantly, do not speak ill of your child's father in front of him. My kids have a good relationship with their father now that time has passed and I am glad I held my tongue, even when he deserved it. My ex and I are petitioning the court to increase the child support due to our very different incomes; his idea. Good luck.

i assume since you are garnishing wages you are going through the DA's office and they are helping you FOR FREE! ( which is a good thing, lawyers are terribly expensive). Every state has different laws and guidelines as far as how often and how much. It all comes down to the numbers, visitation time and burden of proof. He can ask to pay less but he has to show all of his documentation, and if he doesn't they will find it for you! I am sorry you have to deal with this, my advice is to let it go and not worry about it so much. Like you said, he sounds less than honrable and do you want to spend the next 18 years in a power struggle with this guy? Stay in school and get an education which your child will emulate, you can get a well paying job and take care of it.

My parents fought over child support until the day I turned 19. It was horrible and my mother was always demonizing my father. If your ex does not want to pay,then that sucks. But your kid is more important. Care for him first, worry about your ex less. If he wants to go to court, go... just dont loose focus. It is not about you or him. It is about your kid.

In my state (Idaho) you can only go to court every 2 years. You can call your local health and welfare office and they will be able to tell you. I just googled child support modification and the city. That is how I have found all the info in my case (child support, modifications, etc.).

First of all, don't let what he does effect you so much. Let it happen first. Don't let your differences effect your life, and especially your relationship with your son, or your son's relationship with his father!
Maybe look at how much you really need to pay for your son (not what your lacking in income to pay for your wants) and get together with him to discuss things in "reality". I personally think the court makes fathers pay too much! He also has a life to live, and has to provide a place that is livable for when your son gets to visit him.
I think fathers get hit too hard, especially when they get way less visitation and can't even afford to live. (I married someone who had to pay child support for 3 children, when it was her that had the affairs and left the family, so I'm a little biased towards favoring the fathers side).

No worries, he's already demonstrated that he has the ability to earn more. And it never hurts to let the courts know that his personal monthly expenses have decreased. Wouldn't it be a hoot if he did and they ended up increasing his obligations?!

Normal people look at it like this: you have a child, it is your responsibility to provide for that child.

He may just be threatening too... don't worry until he actually files for support modification.