Legal Question in Family Law in Colorado
MY ex has filed child support modification paperwork. She quit her job and under the initital child support, I had the kids 3 nights. It has not been consistent with the 3 nights for me because I have a different work schedule and have been having the kids 2 nights and sometimes 3 nights. Because of this and her quitting her last employer, am I liable to pay more because of this?
1 Answer from Attorneys
It depends. If she quit her job, the court might find her to be voluntarily underemployed and impute income to her. I would argue that you have 3 overnights and that 2 is not consistent, but is agreed-upon deviations as needed for work reasons and the court should still use 3 overnights per week for the support order. You should talk to a lawyer about this in detail, as it's not simple. May lawyers offer a free initial consultation. Hope this helps.
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