Legal Question in Family Law in Colorado
Child Support during visitation
I have full custody of my 3 children, I live in Montana, the father lives in Colorado, he has a wage garnishment to pay child support of $675 per month, I drove to Colorado so that they could stay with their father for 7 weeks during their summer break, he wants me to give him money because they are with him, should I have to do this?
The child support was set 6 years ago and he made half the money then that he makes now,I am paying for all the transportation to and from Colorado and providing everything for them, shouldnt he have to provide for them when they are with him?
1 Answer from Attorneys
Re: Child Support during visitation
My comments to your questions are not meant to be specific legal advice because I am not familiar with your case. My general comments are:
First, regarding transportation. You didn't ask, but in general, the parties share the transportation. For instance, if you deliver the children to Colorado, dad would be responsible for returning them to Montana. Other parents find a halfway point that's convenient for meeting. Others compensate one parent for providing 100% of the transportation. Since his income has increased, I'm curious why he doesn't have any responsibility for transportation.
Second, regarding dad's comment about you paying him: If it is not in the child support order, then no, you do not have to pay him. And unless it is in the order, dad may not suspend his child support while the children are with him.
Third, regarding his increased income, you can seek a modification of child support if you believe his income has increased so substantially that the current amount is unconscionable. Expect him to raise his issue at that time.
More specific advice about your case, I suggest you call the attorney who handled your dissolution and ask him or her the same questions.