Legal Question in Family Law in Colorado

Proof of Continuing Child Care Costs

Pursuant to Section 14-10-115(3)(b)(III), Colorado Revised Statutes: "Upon request of the noncustodial (your husband) parent, the court MAY order the custodial parent to submit an ANNUAL update of financial information using the approved standardized child support guideline forms, including information on the actual expenses relating to the children of the marriage for whom support has been ordered. The court SHALL NOT order the custodial parent to pudate such financial information pursuant to this paragraph (III) in circumstances where the noncustodial parent has failed to exercise parenting time rights or when child support payments are in arrears or where there is documentation evidence of domestic voilence, child abuse, or a violation of a restraining order on the part of the noncustodial party. The court MAY order the noncustodial parent to pay the costs involved in preparing an update to the financial information. If the noncustodial parent claims, based upon the information in the updated form, that the custodial parent is not spending the chld support for the benefit of the children, the court may refer the parties to a mediator to resolve the differences. If there are costs for such mediation, the court shall order that the party requesting the mediation pay such costs." PLEASE NOTE THAT WORK-RELATED CHILD CARE COSTS ARE CONSIDERED TO BE CHILD SUPPORT PURSUANT TO Section 14-10-115, Colorado Revised Statutes, and if your husband's former spouse is required to work, then your husband will be required to pay his proportional share of those costs. The courts will usually order that the parties exchange income tax returns every year, in order to determine whether or not there has been a change in circumstances during the previous year that is substantial enough to warrant a modification of child support, and your husband might want to request that this provision be ordered if and when there is another modification hearing. Also, there is no provision in the law which requires a reduction of child support due to extended summer parenting time; however, if the children spend more than 93 overnights with their father, then a different worksheet is used to calculate child support. You may wish to visit the library to read Section 14-10-115, of the Colorado Revised Statutes, making sure that your library has current supplements, as the law changes every once in a while.