Ogden, UT asked in Child Custody, Child Support and Family Law for Colorado

Q: Hello. Is there a way to block a child support modification since the mother refuses to allow me to see the children.

She requested a child support modification and it had nearly doubled. The mother has not allowed me to see the children nor communicate wirh me. She has left the state twice and I couldn't find them for years so how do I stop or block the child support modification? I have not received any paperwork from child support and they have called me so I don't have any information on how they calculated it

1 Lawyer Answer
Rebecca Pescador
Rebecca Pescador
  • Divorce Lawyer
  • Westminster, CO
  • Licensed in Colorado

A: The short answer is no, you can't block a child support modification because the other parent is denying you parenting time. Under Colorado law, the beginning and end of what child support and parenting time have to do with each other is in calculating the overnights.

That does not, however, mean you are without any recourse.

You can request that the Family Support Office provide you with the information as to how they calculated the new amount. You can let them know you disagree with that calculation if you believe they used information that was incorrect. If you let them know you disagree, they will file their calculation with the court and let the court know that you disagree. It will then be set for a hearing, so be sure your current mailing address and phone number are on file with the court so you receive the notice of the hearing date. You can attend that hearing and have a chance to explain to the judge why you disagree. Remember, disagreeing because you are not actually getting your parenting time will not be grounds for the court to deny the modification.

The other part of this is in addressing the problems you're having with your parenting time. To remedy this, you need to file a motion with the court to enforce your parenting time. That is where you need to raise the issues of her leaving the state and denying you your parenting time. The court can address any changes to parenting time that may be needed or wanted at this point, as well as any sanctions that the judge feels may be appropriate for you ex not following the parenting time order. If parenting time is adjusted from the prior order, it might result in a change in child support. If so, the court would likely address that as well.

If you want to pursue this, an experienced family law attorney can help you navigate the process and forms.

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