Zsa Zsa
New
Reged: 11/13/07
Posts: 3
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We divorced in Colorado 10 yrs ago. I have sole custody of our daughter~ X pays child support. Decree stipulated that child support could be revisited if I believed his income had changed (it has more than doubled) What do I do now? Is there any way to do this without going back to Colorado?
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2147
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That would depend . Does the father still live in Colorado ? Where do you live now ? Are the payments handled by a state collections unit ?
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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Zsa Zsa
New
Reged: 11/13/07
Posts: 3
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The father lives in Colorado (but not the County the divorce took place in) The father has only limited visitation rights - absolutely no custody. My child & I have lived (with his "blessing") in Nevada for 8 years. My child support payment is direct deposit into my account originating from the company he works for. The state is not involved (neither is his checkbook)
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gigi
Platinum
Reged: 11/06/06
Posts: 4841
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Take the Colorado child support formula woroksheet (I'm sureu AnswerGuy can point you to the website faster than I can). Add what you think is his new incomeinto it and find out if there's at least a 15% difference in the support. Then get the paperwork online to go ahead & file for a modification of support in Colorado. You can pretty much do it all online or by phone, but if the court decides to hold a hearing on the issue (if he contests the change), then you will want to be there on that day because the judge will find it harder to do wrong by you if your face is in front of him or her in the courtroom.
In the process, your ex will have to prove his current income. If you have guessed wrong, then the amount it changes might not be what you think... but heck, if you have guessed LOW, it's quite possible that the true income he's getting now will really make the support amount higher than what you think it shoudl be and he'd be crazy to contest it...
But step one is to get the formula and put the numbers you think are current into the current formula just to see what pops up.. .if there's no 15% difference in the bottom line of support (not 15% change in his income, but 15% change in the support), it's not worth bothering to try to get a change. After a decade, most support amounts will change by that much, so you'll probably be pleasantly surprised...
Figure out how much of a change is likely, and you ight find it would be worth hiring an attorney to get it done right...
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Samsung
Platinum
Reged: 06/14/07
Posts: 2023
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Go to google, type in "colorado child support calculator," and you can figure it from there (allaw.com seems to have a rather accurate calculator).
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Zsa Zsa
New
Reged: 11/13/07
Posts: 3
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Thru the calculations I have worked today - it appears that the monthly amount would change by about 30%...worth fighting for Definitely! NEXT question - how can I make this retroactive to the point where he began making double the salary??? He's given a company truck each year & has an expense account for all his personal needs-food, clothing, gas etc.(everything but paying for his house) - it seems that this too would/should be added into his income also, yes??? Please let me know if anyone out there has any knowledge of modifying something like this - it would mean so much for my daughter (especially since he has yet to agree to pay for her college tuition or give her back the savings account we started for her) Thank you very much for your help!
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Samsung
Platinum
Reged: 06/14/07
Posts: 2023
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The company truck and other expenses might not be added, unless all is used for personal use. CS changes aren't retroactive. They begin when you are granted a review. Do either of you pay health insurance for the child? Lastly, any money contributed to a fund that is to be used for post-secondary education is deducted from the gross income.
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