Support Review

[peppier]

What is the name of your state? CO



My son's ex just asked for a CS review, which I thought only happened if 2 years had passed and it has only been 1. My son sent in his financial information but the last time he heard she hadn't submitted her's.

Do you go to court for a review or is it just decided by some review board or something?

I know he could ask his lawyer but it costs money and he's tappped out.

The reason I'm asking, is that his ex charged him with contempt and the lawyers took care of that w/o going to court but the review was not addressed at the same time. And then, last week, he got a document in the mail that her lawyer will no longer be representing her. So will the review go on as filed or just die because she no longer has a lawyer?

 

[Silverplum]

Here you go:

https://childsupport.state.co.us/do/parent/changingAnOrder

Either party may ask for a review of their child support order.

Your reason for a review must relate to an on-going change in circumstances. The order may not be changed unless:
The dollar amount of the order changes by 10% or more, OR
Medical insurance coverage is ordered or changed

Reasons to request a review are:
One of the children has emancipated
You or the other parent have had a significant change in income
There has been a sizable change in the cost of raising a child (i.e.; healthcare costs or daycare costs)
The number of overnight visits the children have with the other parent has changed significantly

A review may result in the ordered amount going up, going down, or staying the same. The review uses the current income of both parties and expenses for the children. The Colorado Child Support Guidelines are used.

Reviewing and changing an order can take up to 6 months depending on how quickly the needed information is provided by both parties.

 

[Silverplum]

Do you go to court for a review or is it just decided by some review board or something?

Usually, you could come to an agreement and sign off on the new order. He could go to court, but only if he's contesting something, I think. Mediation would come first.

And then, last week, he got a document in the mail that her lawyer will no longer be representing her. So will the review go on as filed or just die because she no longer has a lawyer?

It'll go forward. She doesn't need an attorney for this, so she's saving money by letting hers go. He is obligated to provide notice that he's off the case.

 

[peppier]

Thank you. He's not contesting it but he is wondering why she is asking for it because her income was set at minimum wage and she is making considerably more now and he is making the same.

I know her expenses have gone up recently because she moved out of her mother's house but as far as we have been informed the children are healthy and they are both in school so shouldn't have much of a daycare cost. So we're all at a lose to understand why she wants it in the first place.

We do know it isn't because she wants less money!

 

[peppier]

Oops, I just remembered, her maintainance stopped in September, would that mean that my son has that much more income because he is no longer paying it to her?

 

[LdiJ]

Oops, I just remembered, her maintainance stopped in September, would that mean that my son has that much more income because he is no longer paying it to her?

If it was calculated correctly in the first place, yes. A proper calculation would have deducted the alimony payments from his income before calculating child support.

 

[peppier]

I just talked to my son and he reminded me that the cessation of maintainance was taken into account and when it stopped his CS went up, so it can't be that.

I can't even begin to think in the devious ways she does and I am still left wondering what she thinks she is accomplishing? I'm sure there is something and I'd like to figure it out so that my son could be proactive but I don't have a clue.

She just recently caused them to have to go back to the lawyers on a $200 unpaid debt contempt charge that had already been paid through the lawyers months before and wasn't even late. She did it to get him to negotiate the last order that has her paying his legal fees and also paying transportation for the children. The ploy didn't succeed as nothing changed except that now the lawyer fees are due by a date certain.

I also have the feeling that her lawyer cut her loose rather than the other way around because at the first order her legal fees were listed as a debt to the lawyer herself on her financials and at the last date it was stated that she has only paid $50 on all of her debt in the last year. That also comes into play because she was allowed to leave the state to better her financial position and so she could start paying off her enormous debt.

 

[LdiJ]

I just talked to my son and he reminded me that the cessation of maintainance was taken into account and when it stopped his CS went up, so it can't be that.

I can't even begin to think in the devious ways she does and I am still left wondering what she thinks she is accomplishing? I'm sure there is something and I'd like to figure it out so that my son could be proactive but I don't have a clue.

She just recently caused them to have to go back to the lawyers on a $200 unpaid debt contempt charge that had already been paid through the lawyers months before and wasn't even late. She did it to get him to negotiate the last order that has her paying his legal fees and also paying transportation for the children. The ploy didn't succeed as nothing changed except that now the lawyer fees are due by a date certain.

I also have the feeling that her lawyer cut her loose rather than the other way around because at the first order her legal fees were listed as a debt to the lawyer herself on her financials and at the last date it was stated that she has only paid $50 on all of her debt in the last year. That also comes into play because she was allowed to leave the state to better her financial position and so she could start paying off her enormous debt.

Who knows? It certainly doesn't sound like she is making wise legal moves....but you are a third party...getting knowledge third hand....so its not really possible to speculate.