Legal Question in Family Law in Colorado

Voluntarily Underemployed re: Child Support Modification

My husband needs to quit his current job in order to successfully get through his last 3 semesters of school. Due to his school & work, he is getting maybe 4-5 hrs. of sleep and can only see me on the weekends and the kids every other weekend. Plus he is a disabled vet and his current job has added to the severity of his PTSD. He will still be receiving a income over minimum wage from the VA and Voc. Rehab, about $1400.00 month. We can get by with my income and his if we are able to modify his current support. Plus if he does this it would allow us to have more time with the kids. Since this is such a short time for the modification, and he is doing it to better our lives, what are the chances of the Court's approval? She will contest it although she is making more since the last c/s order was entered. I am willing to keep paying the health & dental insurance myself as well. In addition, would it be proper to file a combined motion to temp. reduce the c/s and request more parenting time? Or should each be done separately?


Asked on 3/14/02, 10:27 pm

1 Answer from Attorneys
Jack Harding Denver Center for Divorce Solutions

Re: Voluntarily Underemployed re: Child Support Modification

The issues you cite in your message will be helpful to your case in court. It is difficult to predict the outcome, but you have a case worth presenting. You should address both the CS & parenting time modification in the same motion, since one affects the other.

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Answered on 3/15/02, 9:59 am


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