Legal Question in Family Law in Colorado

Re: child support deviation

Child support generally continues even though the children are not in the home of the custodial parent, as the expenses of maintaining a home, utilities, taxes, etc., continue whether or not the children are there, and must be paid so the children have a home to come back to. This can be modified by agreement between the biological parents, but that may be difficult.

Summer vacation time is surely not work-related child care, so paying that amount would seem to be relieved when the children are with their grandparents. The idea is that the cost of day care would be split between biological parents, and if the custodial parent is incurring no day care expense the non-custodial parent should not either.

Remember that any modification of a court order must be approved by the court which issued it. One cannot change that order by mere agreement between the parties, but must return to court [at least figuratively] for approval of the changes.