Legal Question in Family Law in Colorado

Re: Change of Venue/Child Support Modifications

You've raised a lot of good questions. First of all, it is possible to have a case transferred to another state - states vary in their requirements, but if all requirements are fulfilled, a case can be transferred to a different state. That being said, a lot of your questions will depend on either any Separation Agreement in your case, or the law of the state in which the case is heard. Generally, though, there are a number of factors which affect the child support calculation. Child support is primarily based upon the incomes of the parties, and how many overnights the child spends with each parent. However, a number of other factors come into play, such as daycare, medical expenses, etc. You may have received the National Medical Support letter due to the Ex filing paperwork indicating certain medical expenses haven't been paid - in which case you should contact an attorney to review the paperwork to assess if you have any defenses, etc. It may be possible to get reimbursed for the overpayment, too.

If a party who is receiving spousal support remarries, that could terminate the spousal support (but not child support) obligation, but the definitive answer may be in your Separation Agreement. Generally, though, income and assets of a new support won't normally be included in a child support calculation.

Regardless, since it sounds like an action is pending with a court right now, I would strongly urge you to contact an attorney so that you can be aware of your rights and options in handling the matter. The issues of child support and spousal maintenance may appear simple at first, but they can quickly become more difficult.

Best Wishes,

Christine C. Nierenz, Esq.

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