Legal Question in Family Law in Colorado
Can I ask if this sounds reasonable?
Costs To See My Daughter Per Court Order.
Data is form AAA - https://exchange.aaa.com/wp-content/uploads/2013/04/Your-Driving-Costs-2013.pdf
At the time I was making $8 an hour = $16,640
Child support order is $3,888 per year or $324 per month.
The average cost to operate as small sedan in 2013 was $.46 per mile.
From my home in Colorado Springs to the Karlis Center in Denver is 70.7 miles one way or 141.4 miles round trip.
Miles
282 miles per week
1,225 miles a month
14,705 per year � The average driver drives around 12,000 miles total
From my home in Colorado Springs to the Karlis Center in Denver takes 1.20 hours one way or 2.4 hours round trip.
Hours � Time spent driving
4.8 hours a week
20.80 hours a month
249.60 hours a year
With the average cost at $.46 per mile
Cost
$130.08 per week
$563.68 per month
$6,764.16 per year
Time spent with Daughter per court order
I am allowed 2 supervised visits for 1 hour at a cost of $30 per visit (I have yet to get an answer as to why my visits are supervised, no criminal record, past history of violence or domestic disputes)
Time with Daughter
4.8 hours a week
2 hours a week
8.6 hours a month
104 hours a year.
So, let�s sum this part up.
Yearly
I would spend 249.60 hours driving, travel 14,705 miles at a cost of $6,764.16 to spend 104 hours with her
Monthly
I would spend 20.8 hours driving, travel 1,225 miles at a cost of $563.68 to spend 8.6 hours with her
Weekly
I would spend 4.8 hours driving, travel 282.8 miles at a cost of $130.08 to spend 2 hours with her
Seems crazy right, wait it gets better.
At the time I was making $8 an hour = $16,640
Child support order is $3,888 per year or $324 per month.
Let�s do some math shall we.
At $6,764.16 annual trip cost + $3,888 yearly child support = $10,652.16 per year. (and this isn�t including the $30 per visit I would need to pay)
Yearly salary is $16,640 (this in not including taxes, ins, 401k ect, so the actual amount is much lower) � the yearly cost to see Lauren is 10,652.16 = $5,987.84 in remaining income (actual amt will be much lower)
I would have to live off $5,987.8 PER YEAR or $ 499 PER MONTH
Basically the court order put me in poverty and set me up to fail. If I do not make the trips to see my daughter then in the eyes of the court I have no interest in being a father
*****Side note � My ex-wife monthly income at the time of the divorce was 4,842.00 per month.
*****I have been paying my daughters medical and dental � not included in child support calculations which it should have been
*****The above cost to see Lauren wasn�t factored in at all and should have been.
What do you think? Does this sound reasonable?
1 Answer from Attorneys
First keep in mind that these things in CO are done by a standard calculation. A Judge can only deviate from that standard calculation very little. It is more likely than not that the child support order is accurate. Second, she is your daughter, not a number. You can't look at this as miles, dollars, etc if you want any peace of mind at your visits. Also, if you want to hang on to the hope of any unsupervised visit time in the future, it is best to comply and not complain. Find a part-time. Lastly, this isn't set in stone forever. If there is a change in income that would change child support by 10% or more, or if there is some other significant change in circumstances (mom moves to Ft. Collins for example) then you can file a motion to modify. Keep this in context. Its about the best interest of the child, not the best interest of the father or the mother...that is the standard that any court in CO will apply. You are assuming that the Court doesn't care about you. Well, you are right. That is what the law says in CO. That is the hand you have been dealt...play it well. Impress the Court by showing up to all your visits. Improve yourself...get a second job or some education to increase your income. Next time you step into court be the shining star parent, and that will help convince the Court that it is in the child's best interest to spend more unsupervised overnights with you. If I were a judge and had you in my courtroom with these arguments, I would find it very hard to say that it is in the best interest of the child to spend many unsupervised overnights with someone who is more concerned about miles and dollars than time with his or her child. Just my two cents.
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