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

Q: False numbers were turned in and my attorney didn’t show up. I was told not to show up.

So 1 year ago my ex was ordered to pay me 115$ a month in child support. Long story short.

#1: amendment filed 24 hours later. My attorney made no contact with me after that until 6 months later. Last e-mail was her saying you don’t have to be here.

#2: I live in Denver, my ex lives in Pueblo, I got a copy of the amendment ( 6 months later )and it says I owe her 150$ a month.

#3: found out that my attorney didn’t Respond.

#4: fired my attorney.

#5: found out numbers were wrong and she was claiming things that she shouldn’t be claiming. I have the evidence.

#6: tried to work things out and come to an agreement.

#7: I talked to the child support office and they validated my numbers.

#8: I have everything together to make a motion to modify.

Can I try to make a motion retroactive? I want a no child support order. This amount is for 2 children. Amendment filed in 24 hours and it was very Very wrong.

1 Lawyer Answer
Sabra M. Janko
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Answered
  • Colorado Springs, CO
  • Licensed in Colorado

A: Generally motions for child support are effective as of their filing date and are not retroactive. There is an exception for an agreed upon parenting time change. Child support is the right of the child so you will not receive an order that does not require you to support your children. You should consult with an attorney who can evaluate your case history.

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