Legal Question in Family Law in Colorado
Failure to go to mediation
My wife has two daughters from her previous marriage. She and her ex-husband had agreed upon joint custody, with both children living with us. He agreed to pay child support while they lived with us. We decided to move to Georgia in 2002 for various reasons. The oldest daughter, who was 18 at the time, moved out on her own. The youngest, who was 16 at the time was not sure if she wanted to stay in CO with her dad, or move with us. My wife got a lawyer to draft a new parenting agreement, since circumstances had changed. Her ex did not agree to the new terms, and my wife asked to go to mediation, per the old parenting agreement. After several attempts to contact her ex and his lawyer, neither party would respond to set a date. Her daughter decided to stay in CO. Since we had no legal order for a new parenting agreement or for a set amount of child support, we sent the youngest daughter as much money as we could afford on a regular basis, and bought plane tickets for her so we could visit often. Two years later, her youngest daughter has graduated from high school, moved into a college dorm at Boulder, and is living on her own, and now he is filing for child support from her mother. Is there anything we can do?
2 Answers from Attorneys
Re: Failure to go to mediation
The terms of the divorce decree should set out your wife's rights and duties. If she is required to make payments, she must do so. She can, however, seek to modify the decree, but the court would want a good, verifiable reason for the change.
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Re: Failure to go to mediation
If he asks the court for a hearing date, he will likely get one. If it is not possible to negotiate a settlement, at the hearing you will want to present the evidence indicated in your letter, including records of money you have sent your daughter. Because she has been living with him, the court may order child support; however, the court may also consider the amounts already paid. His refusal to participate in mediation will not likely affect the order.
We offer a 45-minute consultation for $150, during which we can examine the facts of your case more closely. This can be done by telephone. If this would be useful to you, please contact Katie at [email protected] or (303) 299-9484. I hope we can be of service to you.
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