Q: Can or is it probable that the judge will forgive or give credit for child support and interest in arrears?
I was divorced in 2005. I was the primary for both my kids and my ex was court ordered to pay me 150.00/month. She never made a single payment. I asked so many times for help with clothes or school supplies, but she wouldn’t even so much as buy a pencil. I had my son until he was grown and gone. He moved out 2.5 years ago. My daughter moved in with her mother 5 years ago. I have continued gifting my daughter her medical, dental, vison, cell phone, contacts, school supplies, monthly allowance, ect….. Now my ex is filing a modification for me to pay her support. She currently owes me 18,500 in arrears. Colorado apparently allows for 12% interest as well. What is the chance of the judge awarding me arrears plus interest? Will he just forgive it or give credit even though she never paid me?
A: Since child support is tied to the child and not the parent, it is unlikely that a judge will simply offset or credit your child support payments for your daughter against your ex's unpaid payments for your son. However, you may (and should) pursue an action for back child support against your ex. You are correct that the normal 8% per year statutory interest rate is increased by 4% (making 12% total per year) for back child support. This will need to be a separate action, but you may be able to cross claim. Contact an attorney if you need help, here is a link to the forms (look under "Colorado Judicial Branch": http://www.intotolegal.com/upcoming%20Events/Forms.html ).
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