Q: Can child support be amended by looking at the income of previous years?
I got divorced 4 years ago and was told to pay $108 a month child support, that's on top of me paying about $250 for health insurance. My ex-wife spoke to me before the hearing and told me that she forgot to include income to her child support worksheet but not to worry about it because she doesn't want either one of us to pay child support. I agreed and have never paid child support. We have the kids 50/50 and I know for a fact that she makes more money than me. Even though I'm happy with either one of us paying child support, lately we have gotten into a argument and she has threatened to take me to court for the child support that I owe her. My question is that, will the court look at her previous income and conclude that I wasn't supposed to be paying the child support or stick with the child support decision and make me pay her for back child support?
A: You can raise the issue if a claim for back support is filed. The courts will not review the matter unless you raise it. Knowingly omitting income is a big deal in Colorado. It may or may not impact the child support payments, but the court sanctions for an intentional omission can result in hefty fines and a reopening of your property division in the divorce. You may want to contact a family law attorney.
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