Legal Question in Family Law in Colorado
She is delaying/stalling the proceedings
My husband filed a motion for modification in early November. Since that time his ex-wife has been very slow to respond to any of our correspondence. Well they were finally able to set up a settlement meeting the beginning of March - She didn't return her financial info until 2 business days before the meeting. They went through the issues one by one and came to an agreement. She was upset to see support go down, but that was in accordance to CO formula. The lawyers drew up the paper work, but three days later she decided that she wants a new lawyer. Now we are back at square one? Can she continue to stall and receive support over the fair amount? Can she be held to the agreement reached at the settlement meeting?
1 Answer from Attorneys
She is delaying/stalling the proceedings
Child support is based strictly on the COMBINED GROSS INCOMES of each parent. There is no deviation. Once a formal Motion to Modify Child Support has been filed with the Court, any modification should be retroactive back to the 1st of the month immediately following the date of filing. Adjustments to the Basic Child Support amount are: work-related child care (less tax credit), extraordinary medical expenses (which require substantive documentation); cost of health insurance for the child(ren) only. Everyone is entitled to the legal counsel of their choice, however if the attorneys involved drafted a Stipulation which has been signed, it should have been filed with the Court and reduced to Order. If not, request that your attorney set the matter for hearing so that she is forced to move. Make sure that your husband's attorney forces the issue of retroactivity back to the date of filing of the Motion to Modify!
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
