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Should cohabitation affect child support payments?

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Prestaul

Junior Member
Should cohabitation affect child support payments in Colorado?

What is the name of your state (only U.S. law)? Colorado

My ex-wife is living with her boyfriend (and has been for about a year). Her income is substantially less than mine but, combined with her boyfriend, their income exceeds mine. Should the fact that she shares most expenses with another man affect what I'm required to pay her each month?

Please don't post unless you have first-hand experience in Colorado or can provide links to support your answers.
 
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Proserpina

Senior Member
What is the name of your state (only U.S. law)? Colorado

My ex-wife is living with her boyfriend (and has been for about a year). Her income is substantially less than mine but, combined with her boyfriend, their income exceeds mine. Should the fact that she shares most expenses with another man affect what I'm required to pay her each month?


Nope. She could marry Bill Gates and it wouldn't affect your obligation.
 

Antigone*

Senior Member
What is the name of your state (only U.S. law)? Colorado

My ex-wife is living with her boyfriend (and has been for about a year). Her income is substantially less than mine but, combined with her boyfriend, their income exceeds mine. Should the fact that she shares most expenses with another man affect what I'm required to pay her each month?
This man's income should not affect the manner in which you support your child.
 

Prestaul

Junior Member
@Proserpina and @Antigone, I was going to ask if you have any links or other support for your statements and if you are you confident that Colorado guidelines are the same as your state... Proserpina's response makes it clear that she, at least, is not sure of Colorado law. If I hadn't googled this and come up dry I would not be here asking the question.

I already have the CO child support worksheet, but it actually says that our combined income is too high for that method of child support calculation and we should talk to a lawyer... Also, there is no clear law with regards to this. The "rules" are really "guidelines" and they are only appropriate "unless either parent shows a reason for a deviation." The courts have a lot of freedom with regards to determining child support and I'm here to ask if anyone in Colorado has experience relating to this situation.

Side note: I'm sorry that I have little patience for posts like the responses I've seen so far, but if I am not here to whine and I'm not here to shirk my responsibilities. Legally I have 50% custody of my children but their absentee mother leaves them with me the vast majority of the time (>80%), I pay the vast majority of expenses (including all health care/school/extra-curriculars), I drive them to school every day, and I keep my schedule open because I never know when she might try to drop them off with me! If I could get 100% custody but had to pay her twice as much I would do it in a heartbeat. Please don't blow me off as if I were an absentee father trying to save a few hundred bucks.
 

Proserpina

Senior Member
@Proserpina and @Antigone, I was going to ask if you have any links or other support for your statements and if you are you confident that Colorado guidelines are the same as your state... Proserpina's response makes it clear that she, at least, is not sure of Colorado law.

Did you actually read what was posted? :confused:

I suppose not.

If I hadn't googled this and come up dry I would not be here asking the question.

I already have the CO child support worksheet, but it actually says that our combined income is too high for that method of child support calculation and we should talk to a lawyer... Also, there is no clear law with regards to this. The "rules" are really "guidelines" and they are only appropriate "unless either parent shows a reason for a deviation." The courts have a lot of freedom with regards to determining child support and I'm here to ask if anyone in Colorado has experience relating to this situation.

Side note: I'm sorry that I have little patience for posts like the responses I've seen so far, but if I am not here to whine and I'm not here to shirk my responsibilities. Legally I have 50% custody of my children but their absentee mother leaves them with me the vast majority of the time (>80%), I pay the vast majority of expenses (including all health care/school/extra-curriculars), I drive them to school every day, and I keep my schedule open because I never know when she might try to drop them off with me! If I could get 100% custody but had to pay her twice as much I would do it in a heartbeat. Please don't blow me off as if I were an absentee father trying to save a few hundred bucks.




By all means, feel free to pay an attorney to tell you exactly what you've been told here tonight.

(Why - if you actually have the kids TRULY 80% of the time - you haven't filed to modify custody is beyond me - but that's a different matter).
 
The ONLY time a new spouse's income is taken into consideration is when the parent is WILLFULLY under- or un-employed and even when that is the case, it is far more common for the parent to be imputed an income. It is NOT common.

Tigi and Pro are correct whether you like it or not.
 

Prestaul

Junior Member
You aren't interested in my story, but I'll offer it anyway.

My ex is extremely narcissistic (clinically, not rhetorically). She is incapable of realizing the way she neglects our children and she does not truly understand how little time she spends with them. If I asked for greater than 50% custody she would fight me and Colorado courts very rarely grant greater custody to either parent when both want to be involved, but are even less likely to take some custody away from mothers.

Rather than fight and likely lose, I opted to let my ex have her 50% on paper and make myself as available as possible so that she can continue to live her new lifestyle and I can continue to be a parent to our children.

@Proserpina, offering me Google is not offering a link and I believe that I did respond to that. Still hoping you have one relevant link, document, or anecdote from Colorado... I'm guessing that I'll keep getting crickets from you so, if you don't mind, stop trolling. We've heard your opinion and unless you have links I'd like to hear someone else's. :)
 

Prestaul

Junior Member
@CurrentlyUndone, thanks for the response. I'm with you, but is it not correct that every state determines their own guidelines for child support? I'm really hoping for either first-hand experience in Colorado or a link to information specific to my state.
 

LdiJ

Senior Member
You aren't interested in my story, but I'll offer it anyway.

My ex is extremely narcissistic (clinically, not rhetorically). She is incapable of realizing the way she neglects our children and she does not truly understand how little time she spends with them. If I asked for greater than 50% custody she would fight me and Colorado courts very rarely grant greater custody to either parent when both want to be involved, but are even less likely to take some custody away from mothers.

Rather than fight and likely lose, I opted to let my ex have her 50% on paper and make myself as available as possible so that she can continue to live her new lifestyle and I can continue to be a parent to our children.

@Proserpina, offering me Google is not offering a link and I believe that I did respond to that. Still hoping you have one relevant link, document, or anecdote from Colorado... I'm guessing that I'll keep getting crickets from you so, if you don't mind, stop trolling. We've heard your opinion and unless you have links I'd like to hear someone else's. :)
Everyone here is a volunteer. We are not being paid for our time. It is not our responsibility to link you to documentation. Bottom line, mom's new boyfriend does not impact your child support.
 

TinkerBelleLuvr

Senior Member
http://www.matthewslaw.com/blog/how-is-child-support-calculated-in-colorado/

If you aren't going to modify the 50/50, then there is no point in whining since you aren't going to do anything else.
 

mistoffolees

Senior Member
@Proserpina and @Antigone, I was going to ask if you have any links or other support for your statements and if you are you confident that Colorado guidelines are the same as your state... Proserpina's response makes it clear that she, at least, is not sure of Colorado law. If I hadn't googled this and come up dry I would not be here asking the question.

I already have the CO child support worksheet, but it actually says that our combined income is too high for that method of child support calculation and we should talk to a lawyer... Also, there is no clear law with regards to this. The "rules" are really "guidelines" and they are only appropriate "unless either parent shows a reason for a deviation." The courts have a lot of freedom with regards to determining child support and I'm here to ask if anyone in Colorado has experience relating to this situation.

Side note: I'm sorry that I have little patience for posts like the responses I've seen so far, but if I am not here to whine and I'm not here to shirk my responsibilities. Legally I have 50% custody of my children but their absentee mother leaves them with me the vast majority of the time (>80%), I pay the vast majority of expenses (including all health care/school/extra-curriculars), I drive them to school every day, and I keep my schedule open because I never know when she might try to drop them off with me! If I could get 100% custody but had to pay her twice as much I would do it in a heartbeat. Please don't blow me off as if I were an absentee father trying to save a few hundred bucks.
None of that changes the legal realities of the situation. You have a court order and have to follow it - unless you can get it changed.

For child support, the answer that everyone gave you is correct. A new spouse does not affect child support obligations, and cohabitation certainly doesn't. It's really not that hard to find. From a CO attorney:
Law Lawyer Attorney Littleton Colorado Divorce Annulment Property Parenting Time Child Support Custody Visitation Modification Legal Separation Common Law Marriage Paternity Marital Agreements Jefferson Adams Denver Arapahoe Douglas
9. CHILD SUPPORT CALCULATIONS WILL INCLUDE THE INCOME OF A NEW SPOUSE.
FALSE: In Colorado, child support is based upon the gross income, from all sources, of each parent. It does not include income from a new spouse; however, if the new spouse is making monetary gifts to the parent, that income can be included.
I'd suggest that you lose the attitude. Unlike you (apparently), most of the people posting here know what they're talking about. If you don't want free advice, go pay an attorney. After all, you're making too much money for the CS worksheets to apply, so you can afford an attorney.
 

ecmst12

Senior Member
Under what legal theory do you think your ex's boyfriend should have anything to do with you supporting your child?
 
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