Child support adjustment advice needed.

[sudofdisk]

What is the name of your state (only U.S. law)? Colorado

I have joint custody with Mom, 50/50 physical but due to an issue involving CPS my kids can not be at mom's house when their older brother is there (CPS has ordered no contact during an investigation). The CPS employee indicated that the no contact order could go on for months. Mom can only make arrangements two days a week so they are now with me 5. Mom was also primary care giver during weekdays and now that school is out this causes me to incur the costs of child care two days a week (I work from home one). I don't want to seem petty but I pay $1000 a month in child support and now have to spend another $640 a month in child care for what could be the entire summer.

Mom and I have done a pretty good working things out without it getting ugly. Can her and I agree to a temporary reduction in child support? I don't want to take her to court but I also want to be protected in case something comes up later and she feigns ignorance of any "agreement".


Any advice would be appreciated.

 

[Silverplum]

What is the name of your state (only U.S. law)? Colorado

I have joint custody with Mom, 50/50 physical but due to an issue involving CPS my kids can not be at mom's house when their older brother is there (CPS has ordered no contact during an investigation). The CPS employee indicated that the no contact order could go on for months. Mom can only make arrangements two days a week so they are now with me 5. Mom was also primary care giver during weekdays and now that school is out this causes me to incur the costs of child care two days a week (I work from home one). I don't want to seem petty but I pay $1000 a month in child support and now have to spend another $640 a month in child care for what could be the entire summer.

Mom and I have done a pretty good working things out without it getting ugly. Can her and I agree to a temporary reduction in child support? I don't want to take her to court but I also want to be protected in case something comes up later and she feigns ignorance of any "agreement".


Any advice would be appreciated.

Yes, you can agree to switch custody and to reduce CS. BUT get it in writing, get it notarized, and get it to your courthouse to be filed as an official modification. Once it's signed by the judge/magistrate, you're good to go: not one minute or dollar before. So do it right, please.

You're familiar with the CO Courts website, I presume?

 

[sudofdisk]

Yes, you can agree to switch custody and to reduce CS. BUT get it in writing, get it notarized, and get it to your courthouse to be filed as an official modification. Once it's signed by the judge/magistrate, you're good to go: not one minute or dollar before. So do it right, please.

Thank you.

You're familiar with the CO Courts website, I presume?

All too familiar I am afraid.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Colorado

I have joint custody with Mom, 50/50 physical but due to an issue involving CPS my kids can not be at mom's house when their older brother is there (CPS has ordered no contact during an investigation). The CPS employee indicated that the no contact order could go on for months. Mom can only make arrangements two days a week so they are now with me 5. Mom was also primary care giver during weekdays and now that school is out this causes me to incur the costs of child care two days a week (I work from home one). I don't want to seem petty but I pay $1000 a month in child support and now have to spend another $640 a month in child care for what could be the entire summer.

Mom and I have done a pretty good working things out without it getting ugly. Can her and I agree to a temporary reduction in child support? I don't want to take her to court but I also want to be protected in case something comes up later and she feigns ignorance of any "agreement".


Any advice would be appreciated.

CPS does not have the power to order no contact. ONly the court does.

 

[Silverplum]

Thank you.

You're totally welcome.

All too familiar I am afraid.

You'll forget it all LATER.

 

[sudofdisk]

CPS does not have the power to order no contact. ONly the court does.

Fair enough, valid point.

CPS has made it clear to mom and I that it is their opinion that they not have contact during the investigation. I have been advised by a friend who is an attorney in a different state that compliance with this request is in my son, and my, best interest. I have also been told by CPS that, given the circumstances, "I would advise it will be some time that the no contact will be in place."


I apologize for overstating the situation. I am just trying to stay one step ahead and plan.

 

[Zigner]

CPS does not have the power to order no contact. ONly the court does.

No, but CPS DOES have the power to remove a child if they feel the child is in an unsafe environment. Tomato/Tomato

 

[sudofdisk]

No, but CPS DOES have the power to remove a child if they feel the child is in an unsafe environment. Tomato/Tomato

I know it isn't a court order, but I also know better than to thumb my nose at people who can take my kids away.

 

[Ohiogal]

Fair enough, valid point.

CPS has made it clear to mom and I that it is their opinion that they not have contact during the investigation. I have been advised by a friend who is an attorney in a different state that compliance with this request is in my son, and my, best interest. I have also been told by CPS that, given the circumstances, "I would advise it will be some time that the no contact will be in place."


I apologize for overstating the situation. I am just trying to stay one step ahead and plan.

Quite frankly, if that is a recommendation from CPS, you should file to have visitation set up per that and change custody to comply with that recommendation. If you don't, mom could file contempt or cause you issues. Do it the LEGAl way.

 

[Ohiogal]

No, but CPS DOES have the power to remove a child if they feel the child is in an unsafe environment. Tomato/Tomato

Actually they need a COURT ORDER for that as well. They can't just march into any house they want unless they have a court order. CPS does NOT have as much power as people think they do. Dad needs to handle this the proper legal way in order to safeguard himself and his children.

 

[Ohiogal]

I know it isn't a court order, but I also know better than to thumb my nose at people who can take my kids away.

Again, GET A COURT ORDER to protect yourself. And an investigation? It legally cannot take months. CPS has time limits in which to resolve their investigation.

 

[Zigner]

In Colorado, a law enforcement officer may take a child in to protective custody if the circumstances warrant it. If CPS makes the request, it will very likely happen. Of course, the court will have to review the matter within 72 hours.

 

[sudofdisk]

Quite frankly, if that is a recommendation from CPS, you should file to have visitation set up per that and change custody to comply with that recommendation. If you don't, mom could file contempt or cause you issues. Do it the LEGAl way.

Oh I hadn't thought of that. I imagine the proper thing to do is to submit a modified parenting plan in addition to a modified support agreement. Can we do this pro se as long as we are in agreement?

You don't happen to know anyone just like you in Weld County, Colorado do you? I need an attorney like you!

 

[sudofdisk]

Again, GET A COURT ORDER to protect yourself. And an investigation? It legally cannot take months. CPS has time limits in which to resolve their investigation.

She was implying that once the investigation was complete there would likely be an official no contact order for months (she verbally told mom "months", my quote from her above is from an email). I am not yet fully aware of the details of the process but I don't believe she would have any motivation to embellish so I am preparing.

 

[Ohiogal]

Oh I hadn't thought of that. I imagine the proper thing to do is to submit a modified parenting plan in addition to a modified support agreement. Can we do this pro se as long as we are in agreement?

You don't happen to know anyone just like you in Weld County, Colorado do you? I need an attorney like you!

You should be able to submit a modified parenting plan and support agreement pro se if you are in agreement.