Legal Question in Family Law in Colorado

Re: Modifying Child Support

1) What can be done to stop my child support being garnished from my wages? It is easier for me to keep track if I pay them myself. I was never given an option to pay myself.

ANSWER: Yeah, I know how you feel. I have exactly the same feeling about my income taxes, which (like child support) are garnished from my wages. It would be much easier for me to keep track if I pay my own income taxes directly myself, without every paycheck being garnished. (I have never been late in paying my taxes and I do not have any past unpaid tax obligation.) I have talked to the IRS about this but they refuse to call off the garnishment. And I have never been given the option to pay my own taxes directly. I very much resent being treated as if I were a deadbeat taxpayer. I have been treated this way for as long as I can remember. I am an honest, responsible citizen. If allowed to do so, I will pay my own taxes, as well as my child support. Having my wages garnished for income taxes, just like my wages being garnished for my child support, is completely unnecessary. And I really resent it. This does not seem right.

2) My ex has had a promotion and a raise in the last few years. Is this supposed to be disclosed to the Child Support Enforcement Unit? If it hasn't been, can she be penalized?

ANSWER: NO, and NO.

3) What legal steps can I take to verify her income?

ANSWER: File a motion with the court seeking to modify the existing support obligation and then, as part of the "discover" process, issue a subpoena to the employer requiring the production of the employee's payroll records.

LDG