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Question on Child Support

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fairygirl

Guest
I live in the state of Colorado. Me and my ex have established joint custody of our daughter. She is now in kindergarten and her paternal grandmother (his mom) takes care of her from the hours of 11:45 (the time she gets out of school) until 5:30 (the time I get out of work).

Now here's the problem. I agreed to my ex's lawyer that he could have her during those times including 2 nights a month for overnight visitations. The lawyer told me that because she at his house during those times that it would me equvilant to a total of 140 overnight visitations, making my child support payment A LOT lower than what it should be ( a difference of $180.00) Even at that, the father is not with her at those times, his mother is. He works during the day at the same hours I do so I feel that this should not be considered when getting a child support. Any advice from anyone? I feel like I'm getting stepped on from this lawyer.
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by fairygirl:

I live in the state of Colorado. Me and my ex have established joint custody of our daughter. She is now in kindergarten and her paternal grandmother (his mom) takes care of her from the hours of 11:45 (the time she gets out of school) until 5:30 (the time I get out of work).

Now here's the problem. I agreed to my ex's lawyer that he could have her during those times including 2 nights a month for overnight visitations. The lawyer told me that because she at his house during those times that it would me equvilant to a total of 140 overnight visitations, making my child support payment A LOT lower than what it should be ( a difference of $180.00) Even at that, the father is not with her at those times, his mother is. He works during the day at the same hours I do so I feel that this should not be considered when getting a child support. Any advice from anyone? I feel like I'm getting stepped on from this lawyer.
<HR></BLOCKQUOTE>

My response:

Oh, but it is counted. The arrangement keeps you from having to pay someone for child care. And, theoretically, Grandma should be getting paid. Remember, this is not HER child . . . the child is yours. But, realistically, the attorney is correct with regard to the TIME away from you, and the fact that during that TIME you don't have to be concerned with the child's "maintenance". So, keep the same arrangement, and get less, or put the child in day-care and get the same or more. It makes no difference that the child is not with her father. It only matters that since you are the recipient of money, that the child is not with you and being cared for without costing you any money.

IAAL



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fairygirl

Guest
ok I've considered that, however, both of my parents have taken care of her while I worked and for the past 5 years he has not paid me a dime of child support. Both him and his mom wanted her while she was in school. This would be considered visiting time with him and his mom. He lives at home with both parents and does not pay rent or any other bills. I live on my own and pay rent and all bills on my own. Shouldn't all of this be considered before the child support order is final, and do I have to go before a judge to make this final?

The lawyer says that it is final and I refuse to believe that 100.00 is sufficent enough for me to support my daughter when the father makes a lot of money.
 

LegalBeagle

Senior Member
Of course you are being stepped on from his lawyer... that is the whole point .. you pay an attorney to work for you and against someone else..

Has the order been finalized or is it still be discussed ??

The only way to get more money is to put the child into daycare. This is because no payments are switching hands to the GP. If the child is at a daycare then you have a recognised amount that is also tax deductiable.

I do not know CO CS law.. but generally what happens is that you come to an agreed amount.. then he would pay a % of the daycare costs.. so if CS works out to be 30% to you and 70% to him.. then he can also be asked to pay 70% of the daycase costs.

Depending on your relationship with your ex and his mother, it is 'sometimes' better to put the child in daycare than not..

 
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fairygirl

Guest
Thank you all for your responses. We had a brief meeting yesterday with his lawyer and from what I gather the only way that this would be finalized is when it goes to court (which we have not done yet). Because this is my only kid and I've NEVER had to go through such a stressing situation I assumed that his lawyer was right, the child support order is FINAL!

After I got home I called his lawyer to inquire on how he came to 140 nights a year and that he only had to pay me 100.00 (a ridiculous amount compared to what he makes). I also asked if it were "final" and the lawyer said "yes" which at that time I knew was total bs. The sad thing is I can't afford a lawyer so the only thing I can really do is renegotiate or do as advised and put her in daycare. Maybe this way I can get a more reasonable amount to support her!


Thanks for your advice all!!!


 
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fairygirl

Guest
The only papers that I signed is a 'S Financial Affidavid.


That is just paper work on how much I make and expenses for the month. I didn't sign anything saying I agreed to 100.00 a month for child support! (Thank God!)
 

LegalBeagle

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by fairygirl:
The only papers that I signed is a 'S Financial Affidavid.

That is just paper work on how much I make and expenses for the month. I didn't sign anything saying I agreed to 100.00 a month for child support! (Thank God!)
<HR></BLOCKQUOTE>

Yes I know what an FA is :)

Ok, some bedtime reading...
http://www.leg.state.co.us/inetcrs.nsf/caff08b8a0e34035872565e8006d65f8/d6fe90c6ae6d0b5a8725693000679bb3?OpenDocument
http://www.divorcelawinfo.com/states/co/colorado.htm

Basically, his attorney is trying to screw you.. If you can, get an attorney, it will pay for inself in the long run..




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Psst... I do not work for Macdonald’s or Burger King, and even if I did, I would not tell you. For sloppy bread, tired tomatoes, frozen onions, watered down mayonnaise and imitation meat, please find a drive through window with a person who openly admits they make that stuff.

My advice above is equal to the advice they would give if you asked that person a legal question.
 
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fairygirl

Guest
I knew you knew what a Fa was Legal Begal, but for all those out there I thought I'd give a brief explanation (just in case) :)

I think it's best to retain a lawyer as well, hopefully it won't be too costly.
I should've listened to my parents and studied law and become a top notch lawyer!!!! :)
 

LegalBeagle

Senior Member
To save money, get yours and his FA's together before you see the attorney. In theory, it should not cost you much to get someone to represent you on just this issue.

Up to you about the daycare but if you are going to change it, do it asap so you have costs/recipts etc and can change your FA.

Good luck!
 
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fairygirl

Guest
one last thing on this child support ...


The lawyer stated that because the child is with the paternal grandmother 5 days a week while the both of us work and we agreed that the father would get her 2 overnight visitations a month that the combined is 140 nights a year, which has nothing to do with daycare costs. Both of us established that neither would be paying for it and his mom agreed to care for our daughter. That is where I believe I'm getting screwed.

The more overnight visitations he has means the less child support I get. So the lawyer stated that the 5 hours a day spent with her can be converted to 140 nights a year! Does this not sound totally wrong?
 

LegalBeagle

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by fairygirl:
one last thing on this child support ...

The lawyer stated that because the child is with the paternal grandmother 5 days a week while the both of us work and we agreed that the father would get her 2 overnight visitations a month that the combined is 140 nights a year, which has nothing to do with daycare costs. Both of us established that neither would be paying for it and his mom agreed to care for our daughter. That is where I believe I'm getting screwed.

The more overnight visitations he has means the less child support I get. So the lawyer stated that the 5 hours a day spent with her can be converted to 140 nights a year! Does this not sound totally wrong?
<HR></BLOCKQUOTE>

This is a tough question and can change depending on the judge... because there is a huge difference between 140 nights for CS and them actually having the child for 140 nights. I personally do not agree with this and could argue before a judge that the child is with you in your home for over 300 nights a year. You still have to pay for and provide all the cloths, the extra room, the bed etc.. for the sake of 24 overnights for him, she could use a sleeping bag or sleep in his room...

So, if you have an attorney, you could argue against this and state that the time with the GP is saving daycare ONLY and in no way should it be counted towards actual visitation for CS calculations.

Also, you might want to have a word in his ear and state that if he forces this 5 hours a day to be used in this way to reduce CS then you will put the child into Daycare.. I am sure his mother might be very upset with this..

If you can get an attorney do so.. if not, then agree to nothing and state your case to a judge.. It should be 'easy' to state that this arrangement is saving Daycare expenses and should not be used to reduce CS due to an overnight calculation.
 
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fairygirl

Guest
Thanks LB!!!! That's EXACTLY what I told her father yesterday!!!! The grandma loves her and cherishes that time spent with her so I scared him when I told him that he leaves me no other option but to put her in daycare which would cost us both money and more money from him.

Thanks for your help...... I think I can relax now!!!!
 

LegalBeagle

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by fairygirl:
Thanks for your help...... I think I can relax now!!!! <HR></BLOCKQUOTE>


NO, you can not.. you can never relax with this type of person especially one who has an attorney. You need to continue to research, study state laws, you need to save up money for an attorney as you never know when the day will come when he or his mother will petition for custody.

You need to document everything and have everything recorded if possible.. letters, email etc..

Anyway good luck!


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Psst... I do not work for Macdonald’s or Burger King, and even if I did, I would not tell you. For sloppy bread, tired tomatoes, frozen onions, watered down mayonnaise and imitation meat, please find a drive through window with a person who openly admits they make that stuff.

My advice above is equal to the advice they would give if you asked that person a legal question.
 
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fairygirl

Guest
When it comes to the well being of your child you can never really "relax". I'm on top of it! What I meant was I think I can start breathing again. I've been reading up on child support issues, Colorado laws, talking to lawyers, and there is not one thing that he can do that can get past me.
I know exactly what kind of people I'm dealing with and your advice has been exactly what I was searching for. Thank you so much for your time and knowledge!


 

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