Full question:
My ex wife and I are in the process of refiguring our child support due to the emancipation of our oldest son. She has stated on her paperwork that she is only working 32 hours when she is perfectly capable of working 40. If we use the 40 hours there is a 10% change, if not then there is not. What is the law on this matter?
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: Colorado
Answer:
The courts may deviate from the guidelines upon a finding that the application of the guidelines be unjust, inequitable or inappropriate. Any such deviation must be accompanied by specific written reasons for the deviation and must include what the presumptive amount would have been under the guidelines. Reasons for deviating may include such things as extraordinary medical expenses, extraordinary costs associated with parenting time, and gross disparity of income.
In some cases, a court may impute income to a person who voluntarily chooses not to work. However, in one case, imputing of full-time income to mother working part-time was error where mother did not voluntarily choose part-time employment but was required to stay home during the day to care for one of her children who had Downs syndrome. In re Pote, 847 P.2d 246 (Colo. App. 1993).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
