Fort Morgan, CO asked in Family Law and Child Support for Colorado

Q: I want to go back to college and finish my degree. Will my child support payments decrease?

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2 Lawyer Answers
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: If you are the primary caregiver, your support will definitely not decrease. If you have joint or you are not the primary caregiver your support may decrease. The are a lot of potential factors, but the biggest is how much support you are currently paying. The courts will not reduce support payment to 0, but you have a higher likelihood if your support is over a thousand a month. Note, you cannot request a reduction in support if you voluntary caused the reduction (i.e. quit work and went to school). Depending on the situation, education can be treated differently by some judges, because increased education can result in longer-term benefits. Finally any reduction must be request and approved by the courts. You may want to contact a lawyer for specific advice.

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Tampa, FL
  • Licensed in Colorado

A: They might. CRS 14-10-115 indicates that a parent might get a pass as to income imputed to him or her if he or she is enrolled in an educational program, in good faith, designed to ultimately lead to more income. More information is needed to fully assess your case. Additionally, child support doesn't change automatically. Thus, if you are wanting to change it you will need to take the affirmative step of filing a motion to modify child support and going through the process.

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