Arvada, CO asked in Child Custody, Child Support and Family Law for Colorado

Q: Do the courts go off of your income you were making at the time of separation for child support, or time of final order

My fiance and his ex are in the process of finalizing there custody agreement, she refuses to get a job that pays above min wage, but at the time of there separation she was making about the same amount he was making, which in the original agreement it would've made cs 50/month.. that was not actually filed through the courts due to an error on their parts.

1 Lawyer Answer
John Hyland Barrett III
John Hyland Barrett III
  • Divorce Lawyer
  • Louisville, CO
  • Licensed in Colorado

A: The court will use the actual current number UNLESS the court finds that she is voluntarily underemployed. That may be the case if she has the ability to make a higher wage. If so, the court can use what she could be making. Your fiance should get a lawyer to help him with this.

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