Legal Question in Family Law in Colorado

divorce - no contest we agree on everything

she does not want child support - 2kids

can the judge override our decision ?

Asked on 11/14/16, 7:46 am

2 Answers from Attorneys

Stephen Harkess Colorado Legal Solutions

Yes, the judge can and will unless the support worksheet you submit supports a low child support amount.

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Answered on 11/14/16, 8:01 am

Mr. Harkess is correct. What the Court will be looking for is something that shows why your children aren't getting the short end of the stick on this. The support is their right. The Court will be looking for something else you are doing to "make up for" the lack of child support being paid. Are you paying for something else, like daycare or uninsured medical expenses? Are you doing all of the transportation and is it significant (for example if you live a mile apart, this isn't a very big factor, but if you live 20 miles apart it can be)? These are not necessarily the only ways to show the Court that your children aren't losing out on this deal, but are 2 of the most common ways. I would suggest that if you want to enter into an agreement that involves no child support, you see an attorney to get help crafting this part of it so it can be done in a way that the Court will accept. It's not just language though; you actually have to be providing something somewhere that offsets the fact that you're not paying child support.

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Answered on 11/15/16, 4:30 am

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