Legal Question in Family Law in Colorado
Gross income includes?
My EX wants support modification. I figured it on the worksheet from the state site and I agree that the order needs to be adjusted. We went to a mediator and the EX's numbers were all very high and the mediator just wanted to go with a number in the middle and not use the worksheet. That seems wrong to me. My ex is not working so we are assumming at least minimum wage (was over $9/hour 4 years ago) my income is 15/hr not including overtime or once a year profit sharing. W-2 shows over $36000 I am also a weekend warrior (W-2 = $6000) CAN she include everything - I have documentation from employer that OT is not required or guaranteed. I thought modification would be simple with the worksheet To pay a retainer to save $100 or so a month seems wrong. The EX says support for 2 kids should be 750-1000. I am also trying to go to school this year so Overtime will be decreased. I thought second jobs and non-mandatory OT was not included. Not sure where to turn next. Pay her, pay a lawyer, pay the mediator. Running out of money
1 Answer from Attorneys
Re: Gross income includes?
The court will do the worksheet regardless of whether you, your ex, or the mediator believes it is appropriate. You have a case that your ex's income should be imputed at her previous hourly rate. The court will likely assume your income is $15/hr, without using overtime or anything else over 40 hrs per week, including the Guard. I calculate that with her income @ $900/mo., yours @ $2600 ($15/hr), 2 kids, less than 92 overnights and nothing for daycare, health insur, etc., child support is $565. It doesn't sound like the mediator has done you any favors. Whether you use a lawyer to make this case in court is a judgment call. If she has one, you may want to have one.
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