ColoradoGirl
Junior Member
What is the name of your state (only U.S. law)? CO
My ex just submitted a Motion to Modify Child Support with the court. The terms appear to be prohibitively excessive. Foolishly, but in good faith, I signed the modified parenting plan last month. That plan outlines how things have been since 2008. The motion that was filed on Dec 11th sites our agreement to modify the parenting plan as grounds for a retroactive child support change. The current child support agreement states that neither party shall seek child support from the other in perpetuity. The long and the short of it is that they're requesting $35k in back support and $574+/month. They further assert that I am able to work 40hrs per week despite the fact that I am a full time student and that, as such, I should be liable for child support as though I were working full time. I currently work 25hrs/wk at $15/hr and have for 3yrs now. I am clear that my children need my support and I have given what I can month to month for 10yrs. It is no where near the state minimums.
I am remarried and we provide 100% support for my two step children one of which was recently diagnosed with MS and both of which have developmental disabilities. They state in the new motion that my spouse has made it possible for me to work full time. This is obviously the truth and also obviously designed to suggest a bigger pile of money that should be considered in the judges decision. The reality of our household finances is that we operate on a monthly budget of $7500 while earning about $7000. My spouse and I are each being garnished at the rate of 25% of our gross income ($1750 total). There's currently $23k waiting in cue for garnishment so, in 13mos, give or take, that will be paid + anything else that goes to garnishment because we can't pay in that time.
No excuses. We haven't paid all our bills, including my support obligation, on time or in full. We owe and we're paying, albeit under duress. We've paid $32k off in since 2008. I want to support my kids. The simple reality is that it often comes down to a choice of food on the table here or paying child support. Under Colorado law, if this motion carries, there will be no choice.
My questions are: How do I respond to this Motion? Do I wait till court? Do they advise me of the court date? Do I file a counter? Do I press for arbitration? If so how?
My ex just submitted a Motion to Modify Child Support with the court. The terms appear to be prohibitively excessive. Foolishly, but in good faith, I signed the modified parenting plan last month. That plan outlines how things have been since 2008. The motion that was filed on Dec 11th sites our agreement to modify the parenting plan as grounds for a retroactive child support change. The current child support agreement states that neither party shall seek child support from the other in perpetuity. The long and the short of it is that they're requesting $35k in back support and $574+/month. They further assert that I am able to work 40hrs per week despite the fact that I am a full time student and that, as such, I should be liable for child support as though I were working full time. I currently work 25hrs/wk at $15/hr and have for 3yrs now. I am clear that my children need my support and I have given what I can month to month for 10yrs. It is no where near the state minimums.
I am remarried and we provide 100% support for my two step children one of which was recently diagnosed with MS and both of which have developmental disabilities. They state in the new motion that my spouse has made it possible for me to work full time. This is obviously the truth and also obviously designed to suggest a bigger pile of money that should be considered in the judges decision. The reality of our household finances is that we operate on a monthly budget of $7500 while earning about $7000. My spouse and I are each being garnished at the rate of 25% of our gross income ($1750 total). There's currently $23k waiting in cue for garnishment so, in 13mos, give or take, that will be paid + anything else that goes to garnishment because we can't pay in that time.
No excuses. We haven't paid all our bills, including my support obligation, on time or in full. We owe and we're paying, albeit under duress. We've paid $32k off in since 2008. I want to support my kids. The simple reality is that it often comes down to a choice of food on the table here or paying child support. Under Colorado law, if this motion carries, there will be no choice.
My questions are: How do I respond to this Motion? Do I wait till court? Do they advise me of the court date? Do I file a counter? Do I press for arbitration? If so how?
