Littleton, CO asked in Family Law and Child Support for Colorado

Q: Can a noncustodial parent challenge the current laws regarding that parent's inability to survive due to garnishment?

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

A: You have a very low chance of success, but you are welcome to do so. The courts are not terribly sympathetic to a deadbeat parent, but if the garnishment includes both current payments and back payments you can request a reduction for the back support. For the current support, you will have to challenge the support via a modification motion. Again, your financial needs were considered with the current child support calculation, so the burden is on you to prove why the support amount should be lower. If you want to try a facial challenge to the support statute, you should contact a lawyer (all prior attempts have failed, but you are welcome to try your luck).

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: Not sure what you are asking? You can certainly seek to modify the current child support orders. However, courts are generally not going to deviate from the guidelines absent a good reason. Unfortunately, being able to meet your needs is not necessarily going to be deemed a good reason. You should consult with an attorney.

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