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 adjust child support guidelines if applying them would be unfair or inappropriate. Any adjustments must be documented with specific reasons and show what the standard amount would have been under the guidelines. Reasons for adjustments can include extraordinary medical expenses, significant costs related to parenting time, or large income disparities.
In some cases, a court may assign income to a parent who chooses not to work full-time. However, a court found it was incorrect to assign full-time income to a mother working part-time when she was required to stay home to care for a child with special needs (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.