Q: . Ex wife refused child support. Judge granted it. Can she file for child support again?
I owed less than 30$ it’s a 50/50 child custody. She threatens me to go back and request child support.
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- Colorado
- (813) 592-5000
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- Answered
A: Pursuant to CRS 14-10-122, there needs to be a substantial and continuing change in circumstances. She can certainly file a motion to modify child support if incomes have changed or other circumstances have changed such that child support would up by 10% or more. However, the baseline should be the $30, not $0. She agreed to no child support when it should have been $30 and you should be able to hold her to that. If circumstances have changed such that it would be $33, she could validly seek to modify. Her waiver of support is not forever. If she files a motion you have 21 days to respond.
A: If the judge entered an order for child support, it is still binding, even if she has not insisted on payment. She can request a modification if the new amount would be greater than 10 % different from the old amount. you should retain an attorney to represent you in this if she files anything.
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