Legal Question in Family Law in Colorado

expense for child care

Nothing my divorce papers says I have to help pay for child care. I feel she should pay for child care when she has my son and I should pay for any child care when I have him. We have joint custody, equal time with our son. She is threating me with child support if I don't pay half of her child care. We waived child support because we both make close to the same amount of income and share the time with him equally. Can she get support out of me just because I stop paying for her child care? If I have to have a babysitter for my son on the time he is with me I have to pay for all of that on my own.


Asked on 2/15/08, 9:36 pm

1 Answer from Attorneys

Re: expense for child care

Child care is a factor considered under the child support guidelines. She can take you back into court. However, just as she is entitled to help from you for the child care she is paying, you are also entitled to help from her for the child care you are paying. All child care expenses are to be considered under the guidelines. Short answer is yes she can take you back in for child support modifications over child care expenses. However, you may have something to come back with.

Also, here in Colorado you cannot waive child support. You can get the court to agree that no child support payment is presently appropriate because of how incomes, expenses, and parenting time are divided up. It is a subtle practical difference, but an important legal difference.

If you would like more help with this situation, I would be glad to discuss it with you.

Read more
Answered on 2/19/08, 4:36 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Colorado