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

Q: I've made less that my ex- wife since about 1996.(Probably earlier). I lost my job and was unable to pay for about 3-5 y

My ex- wife has earned around double, if not more than, myself since since 1996 or so. I never tried to get the child support re- adjusted. (I couldn't afford to hire a lawyer, but made more than allowed for assistance.) I also figured my boys were worth it. I fell on some hard times, and fell behind on payments. She filled for collection of arrears around 2011, at which time I was unemployed. I paid what I could though. Then in 2013 she sued for arrears. I didn't have the money to contest, the court appointed attorney never looked into money's owed or paid. She won and I've been paying $100.00 per month since. The youngest of the children is 24. Both children are making more money than her and I. (She still makes more than me.) Children are loaning her money now, yet I'm still giving her money I don't have. Is there anything I can do?

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2 Lawyer Answers

A: The only way to get out of a back child support obligation is if your ex wife agrees to let it go and an agreement (stipulation) is filed with the court reflecting your agreement. Beyond that there is nothing you can do to get out of the debt.

A: Unfortunately, you are stuck with the existing orders. The court has no authority to change them now. One possibility is to offer your ex a lump sum settlement for less than the full amount. Maybe you could borrow that from a friend/relative/ bank. If you do that be sure to get a written agreement that is filed and approved by the court. You will want an attorney involved to do that

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