Q: Can fathering more children lower existing child support?
My child’s father and I have 50/50. Currently he is ordered to pay $350 a month in child support. Recently my sons father married and had a child with his wife and adopted her teenage daughter (not biological his). He requested to modify child support based on fathering 2 children and the child support office is suggesting to reduce the child support to $250 a month. He makes almost 3 times what I make and since our last modification his income has increased while mine has remained the same. Can child support be lowered due to him now being legally responsible for 2 additional children in his home?
I am contesting the decision but would like information on statues or articles to reference that him having additional children should not effect existing orders.
Also since the modification request child support payments have stopped and arrears has not been added to the existing arrears balance ($666).
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Colorado
- (719) 344-5523
- View Profile
- Answered
A: Yes, in Colorado. In some states children born or adopted after the initial support order do not make the payor eligible for. credit.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
