Craig, CO asked in Child Support for Colorado

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).

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

A: Yes, in Colorado. In some states children born or adopted after the initial support order do not make the payor eligible for. credit.

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