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I have a question about child supprt and custody

Lamar, CO |

trying to change my child supprt and custody agreements

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Attorney answers 4

Posted

We need more information from you about the circumstances before we can answer your question. The question is simply too general in nature.

Asker

Posted

Well how would I go about changing out agreements we have been divorced since February of last yr he pays $100 a month for 2 kids and has a really good job

Posted

You may petition the court for a modification. The forms for such are available on the Judicial website, however I would strongly recommend that you contact an attorney to help you through the process. Depending when the last modification was, you may be restricted from requesting a change in the custodial arrangement for up to two years. That being said every case is unique and without knowing many more details it is difficult to respond further.

Posted

If he now earns more income than he did at the time the current orders were entered, you will need to file a motion to modify child support (and pay the appropriate filing fee) with the court which entered the original child support order. If a modification is appropriate, the court can, and should, modify all support payments which come due after you file the motion to modify. It would be a good idea to run a new child support worksheet before filing the motion. If it turns out that support should actually be reduced, given the current financial circumstances, the court will not let you withdraw your motion.

To modify parenting time provisions, you need to file a motion to modify parenting time with the court which entered the original parenting time order. Modifying parenting time is not easy. You will need to convince the court that changing the current order is in the best interest of the children.

Asker

Posted

What if I want to go for full custody how hard is that and will I loose all child support

Karl J Geil

Karl J Geil

Posted

The word "custody" has no meaning whatsoever in Colorado law, so you will need to let us know what you mean by "full custody." If you mean either a situation where you are changing the parent which whom the child lives most of the time, or of you mean changing things so that the father never sees the child, then that is extremely hard. You need to sit down with an experienced family law attorney, show that attorney the current parental responsibilities and child support orders, and explain what changes you want to make and why you think they would be appropriate. There are too many factors involved to diagnose this situation with a paragraph's worth of information.

Posted

Colorado law permits child support to be changed based upon a change in circumstances that alters income or expense by 10%. For example, the other spouse begins to earn 10% more income or you earn 10% less income. Of for example, the child expenses increase by more than 10% such as an increase in heath insurance. Consult and attorney or go the the courts website for the forms.

Answering this quetion does not establish an attorney client relation. The answer is for educational purposes only. You should consult an attorney for your circumstances.

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