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

Q: If the mother of my child quits or is fired from her job and has refused to gain employment, what do I as a father do?

I am obligated to pay 680 a month plus 50% of any additional costs. She has not worked in two years and the expenses are climbing so much that I am not able to afford those in addition to my own living expenses.

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2 Lawyer Answers
John Hyland Barrett III
John Hyland Barrett III
Answered
  • Louisville, CO
  • Licensed in Colorado

A: The child support calculation can be based on a party's potential income if that party is voluntarily underemployed. That may be the case here.You may want to request a modification if the calculation would be lower.you should retain an attorney to advise you how to proceed.

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: Your only obligation is to follow the court orders, meaning pay your support and 50% of the costs. Her not working shouldn't affect that unless you are saying she's not paying her share. If she is not paying her share, there are various things you can do to enforce the orders. She has a duty to work and if she just quit her job the court will not cut her a break. More information is needed to really tell you what you need to do or to ascertain specifically what you are wanting to know.

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