Child Support - Broomfield,CO

Updated on May 08, 2007
T.L. asks from Broomfield, CO
6 answers

HI. My husband just received a notice from Jeffco Human Services stating that his child support is going to increase by $250/month in June. I'm in a complete and total state of panic. We just bought a home, have 2 car payments, other debt of course and our own child. And I'm out of work. We went through all of the paperwork that was sent, and the only thing that seems to be reflected in this new decision is his income. How can that be right? Does any one know if his new state of life can be considered? Yes, he does make more money now than he did when he got divorced 11 years ago, but he also has a heck of a lot more debt now, too...and another child! If you know the answer, can point me where to look, or know of a lawyer [who won't charge an arm and a leg] who might look at this and let us know if there's anything we can do to appeal, please let me know. I'm just at a loss here. Thank you. T.

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N.R.

answers from Colorado Springs on

Hello - the response below is correct, but I will take it a little further. I work for the State Judicial System and have for the past 7 yrs in domestic law. As a basic understanding (without me giving you legal advise) child support is modifiable when you can show a 10% change in the original amount - so say the original amount was $200 - the moving party would only have to show that either party's financial circumstances had changed or parenting time had changed to warrant a $20 change in child support (up or down). The most important thing in this case is to file a response to the motion so that the Court knows that you are objecting to the increase - that way they can't do it without your imput and/or a court hearing. You can go to the following website http://www.courts.state.co.us/chs/court/forms/domestic/al... to get forms and instructions on how to proceed with this case. I would also suggest that you contact the Child Support Enforcement Unit up in Jeff Co. for further instruction. If you are getting nowhere at that end and the process is too confusing/frustrating then I would suggeset you get an attorney or contact the Colorado Legal Service office for their class offerings or free legal advise night (3rd thursday of the month from 7-9pm - sorry can't remember the number). Good luck!

R.P.

answers from Denver on

To tell you the truth T., you guys debt maynot be important than the child him/herslef. The eyes of the court only see what can be done for the best interest for the child. One thing that could and im not saying it will be a factor is prolonging the decision but as far as the child support goes if they increased it because his income increased you have to get over it and reap the consequences. You would have to make decisions in your household to rectify your financial wellbeing. It is the child that is the being supported which is the main thing in the court's eyes when daddy get a raise so does the baby! It is his responsibility.

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C.P.

answers from Denver on

I feel for you!! My husband is divorced and pays A LOT in child support. We received something in the mail that ours was going up by more than 200/mo as well! We can't afford our current bills let alone more! Unfortunately, having dealt with this a lot, I know that debt is not considered. You could possibly try to work out an agreement with the ex and maybe she'd allow you guys to have more overnights. If you have more then 93 a year, support goes down. We had them 87 days, and had to fight with his ex to give us 6 more overnights a year just so our support would stay the same and not go up by 200. Did she prove her income in the paperwork? Because maybe hers went up too, and she's trying to screw you guys somehow? If you need to talk, I'd be happy to talk about it. But if you want to fight it, you're gonna have to find an attorney, so expensive! Good Luck! My email is ____@____.com can check out our lawyer, Alice Mansfield ###-###-####.

C.

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T.M.

answers from Salt Lake City on

Hi T.,
I can see your prespective here. However, I don't believe that your debt will weigh in on the decision of the court. And mostly likely the support for another child (your child) has already been considered. I think most of us are guilty of spending whatever we make. We get used to being able to have that spendable income and it can be extremely difficult to cut back when circumstances arise. Instead of going into a panic, you might want to talk with your husband and see how he feels about the increase. The child support is going to his child and if the mother has gone through the process of getting the support increased... Especially if this is the 1st increase in 11 yrs. I'd try to offer some understanding to your husband. He should be supporting his other child too. It can be difficult to offer understanding when it is not your child and you would like to just have the focus on your "new family", but he does have another child that he should take responsibility for. When you got into this relationship, you took on some baggage, and he other child was part of the deal.
Good luck to you
Kind Regards,
TRUDI

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A.

answers from Colorado Springs on

Hi T..
Unfortunatley all that they look at in child support cases is the amount of income not the amount of debt. I have a friend that is going thru the same thing and she and her boyfriend just had a baby and the courts told them that the new baby doesn't matter. As sad as it is thats what they do.

A.D.

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R.R.

answers from Colorado Springs on

In most situations the legal system does not take debt into consideration when deciding wether to increase or decrease child support payments. It is solely based on the income of the parent paying the support. If you can prove that it will be difficult for your husband to pay the new ammount it might go back to the orriginal ammount that it previously was. You will need thorough documentation of all your bills. Utilities, mortgage, car payment, ect... The more thorough the better. Also there are probono attournies out there that will work for free for and if you lose you don't owe, and if you win they ask for a small fee. Also it greatly depends on what state they were living in when they got divorced, because each state has its own divorce laws as well as child support laws.

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