Asked in Divorce for Colorado

Q: My ex husband has always worked away from home. Our entire marriage and the 5 years since we've had our daughter

Suddenly when faced with what CO calculates for maintenance and child support, given he is rarely here, he is now stating he wants to work locally, taking over a $25 dollar an hour pay cut because he "wants to be closer to our daughter." Which is a blatant lie, he's only doing it because he knows he wouldn't have to pay as much in either support areas.

My main question is will he get away with this? How can the support I deserve be calculated based on this lower income when the duration of our marriage he's made a significant amount more? My attorney doesn't think the judge will tell him he has to work away from our daughter which is fine, but why should I get less because he suddenly decides he needs to work locally when he never attempted to do so while we were married?

It's very scary for me also since I have always been a stay at home mom so that support will help me get on my feet.

Any insight would be greatly appreciated! Thank you!

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1 Lawyer Answer
Stephen J. Plog
Stephen J. Plog
Answered
  • Denver, CO
  • Licensed in Colorado

A: You need to consult with another attorney to go through the facts and circumstances of your case and to get a second opinion. Normally someone doesn't just get to lower their pay to spend more time with their kids, absent special circumstances. If the track record has been him working away that is what a court should hold him to. We would all love to work less or have the dream job to spend more time with our kids, whether going through a divorce or not. The financial realities of life generally don't allow that and a court may not either.

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