Q: Can I be responsible for retroactive child support if there was no original child support order (waived by both parties?
My ex earns a significantly higher salary than me but our 2 teenage boys do not spend 50% of overnights in my residence, despite the fact that I am available and desire to have them as much as possible.
A: Child support is usually determined by the child support guidelines. Factors include income of both parties and the number of overnights with the children, and the costs of health insurance and child care for the children Child Support can be retroactive to the date of filing the motion to modify support. You should retain an attorney to review your situation and advise you on how best to proceed.
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A: If the parties waived child support earlier on, there could be retroactivity back to the date of the filing of a motion to modify. There could also be arguments raised tied into a change in primary residential custody from one parent to the other (CRS 14-10-122(5), but that argument would generally be raised by the obligor. You should consult with a child support attorney to discuss your issues more specifically.
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