Am I entitled to the difference in modifiaction?

[TampaBayDiva]

Am I entitled to the difference in modification?

What is the name of your state? Colorado
My question is this:
There was a modification done to an existing child support order in 1995. According to Colorado C.R.S. any children born after the child in the order cannot be considered or credited any monitary amounts because the subsequent children are part of a "new" or "second" family. In this modification, the reason stated that the child support amount was decreased was due to a child born into the father's "new" family. Can I have the courts petitioned for the error and am I entitled to any and all amounts owed from that time forward?

 

[ceara19]

A little more info is necessary before anyone can answer your question., like what are you talking about for starters?

 

[TampaBayDiva]

Ok.My son's father was ordered to pay child support in Jefferson County Colorado. I petitioned the court for a modification. At the modification hearing, my son's father's child support amount was lowered because of a child born into his "new" or "second" family. According to the C.R.S. 14-10-115 paragraph 7, sub paragraph(d) and (d.5)( I ), the law states that the only child/ren that could be considered a "credit" when determining child support amounts, are child/ren born before the child/ren in the existing order. The modification was granted for a lower amount because of that (erroneous) fact, in my opinion, and I would like to know if I am entitled to petitioning the courts citing an erroneous judgement and collect the monies that should have been paid all along? This happened in 1995 and would be in effect until 2003. Please advise?

 

[Silverplum]

Ok.My son's father was ordered to pay child support in Jefferson County Colorado. I petitioned the court for a modification. At the modification hearing, my son's father's child support amount was lowered because of a child born into his "new" or "second" family. According to the C.R.S. 14-10-115 paragraph 7, sub paragraph(d) and (d.5)( I ), the law states that the only child/ren that could be considered a "credit" when determining child support amounts, are child/ren born before the child/ren in the existing order. The modification was granted for a lower amount because of that (erroneous) fact, in my opinion, and I would like to know if I am entitled to petitioning the courts citing an erroneous judgement and collect the monies that should have been paid all along? This happened in 1995 and would be in effect until 2003. Please advise?

First, are you quoting the CS guideline in effect at the same time period the mod was granted, or what is currently the guideline?

Secondly, why didn't you object then?

 

[BelizeBreeze]

What is the name of your state? Colorado
My question is this:
There was a modification done to an existing child support order in 1995. According to Colorado C.R.S. any children born after the child in the order cannot be considered or credited any monitary amounts because the subsequent children are part of a "new" or "second" family. In this modification, the reason stated that the child support amount was decreased was due to a child born into the father's "new" family. Can I have the courts petitioned for the error and am I entitled to any and all amounts owed from that time forward?

YOu need to re-read the relevant statutes because Colorado does allow expenses for current childrent to be included in the calculation.
http://www.divorcelawinfo.com/states/co/cal/COCSC.html

 

[ceara19]

Ok.My son's father was ordered to pay child support in Jefferson County Colorado. I petitioned the court for a modification. At the modification hearing, my son's father's child support amount was lowered because of a child born into his "new" or "second" family. According to the C.R.S. 14-10-115 paragraph 7, sub paragraph(d) and (d.5)( I ), the law states that the only child/ren that could be considered a "credit" when determining child support amounts, are child/ren born before the child/ren in the existing order. The modification was granted for a lower amount because of that (erroneous) fact, in my opinion, and I would like to know if I am entitled to petitioning the courts citing an erroneous judgement and collect the monies that should have been paid all along? This happened in 1995 and would be in effect until 2003. Please advise?

The statute of limitations to appeal the judgement has LOOOONG since past. The time to deal with the matter was in 1995, not 2007!

 

[stealth2]

The statute of limitations to appeal the judgement has LOOOONG since past. The time to deal with the matter was in 1995, not 2007!

**flounce** You people are SO unfair! **flounce**

hehehehe

 

[TampaBayDiva]

No, I do not need to re-read the statute. Like I said, the only children Colorado will credit when determining child support amounts are child/ren born BEFORE the child named in the order. NOT children born after.....into the "new" or "second" family.
I didn't know my options at the time is why I didn't contest it, and now that the shoe is on the other foot, I am the one who is now ordered to pay child support BUT, as i stated allready, my 3 younger children are NOT considered when they determined the amount to pay. The only one considered was my older child than the one I pay for. That is in the statute I quoted. So how can it be that he received credit and I was denied that same credit?

 

[Silverplum]

**flounce** You people are SO unfair! **flounce**

hehehehe

It's ALL of Colorado that's unfair, you know. Everyone stand back -- I'll steel myself and take the hit for my state.

 

[Silverplum]

No, I do not need to re-read the statute. Like I said, the only children Colorado will credit when determining child support amounts are child/ren born BEFORE the child named in the order. NOT children born after.....into the "new" or "second" family.
I didn't know my options at the time is why I didn't contest it, and now that the shoe is on the other foot, I am the one who is now ordered to pay child support BUT, as i stated allready, my 3 younger children are NOT considered when they determined the amount to pay. The only one considered was my older child than the one I pay for. That is in the statute I quoted. So how can it be that he received credit and I was denied that same credit?

And there is the sound of the bell, TampaBayDiva. You didn't protest at the time, you lose.

 

[BelizeBreeze]

No, I do not need to re-read the statute. Like I said, the only children Colorado will credit when determining child support amounts are child/ren born BEFORE the child named in the order. NOT children born after.....into the "new" or "second" family.

Then spend the $2,000 or more it will take to file for a modification. But you do NOT get the back support because you did not act in a timely maner.

I didn't know my options at the time is why I didn't contest it, and now that the shoe is on the other foot, I am the one who is now ordered to pay child support BUT, as i stated allready, my 3 younger children are NOT considered when they determined the amount to pay. The only one considered was my older child than the one I pay for. That is in the statute I quoted. So how can it be that he received credit and I was denied that same credit?

Because you are not giving us the TRUE story.

 

[TampaBayDiva]

Can someone tell me is there a statute of Limitations in this situation? If so, can someone direct me to it? Exact location?
Thanks.

 

[Silverplum]

Can someone tell me is there a statute of Limitations in this situation? If so, can someone direct me to it? Exact location?
Thanks.

http://www.courts.state.co.us/chs/court/forms/selfhelpcenter.htm

 

[ceara19]

**flounce** You people are SO unfair! **flounce**

hehehehe

Apparently, there are several people here today that are under the erroneous impression that I can some how change the laws in their states, because I seem to be getting all the blame for the "unfair laws".

 

[Silverplum]

Apparently, there are several people here today that are under the erroneous impression that I can some how change the laws in their states, because I seem to be getting all the blame for the "unfair laws".

Yeah, but I direct your pretty eyes to my post #9 in this thread, wherein I specifically took responsibility for this one, 'cause it's my state.