Legal Question in Family Law in Colorado
Modification of child support and custody
My ex and I have joint custody, yet he never tries to contact my children, my oldest refuses to see him and my youngest only sees him when his wife calls or she calls to see if she can come over. If this reason enough to ask for sole custody? Also my ex is refusing to help pay for the girls braces should I seek modification of child support, he also does not see the girls as often as he said he would when the child support was originally assigned he sees them much less.
1 Answer from Attorneys
Re: Modification of child support and custody
You can pursue a modification of child support, as well as parenting time. However, be aware that such items as braces are often handled outside of child support, as an extraordinary expense. If your last orders required him to pay a portion of extraordinary expenses, be sure you provide him whatever notice is required; then you can file a motion for an order to show cause (commonly called a motion for contempt).
If there are other reasons you want to modify child support, you may be in a position to do so. The statutes require that the changes in circumstances be enough to change the amount due by at least 10%. It will also involve looking at both of your incomes again.
The parenting time is not necessarily going to be a simple thing. The Court will not always modify parenting time just because a parent hasn't been using all of his time. Decide if you want to take on this fight. Will it make enough difference to be worth the stress and the expense of the battle?
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