In April 2005, my divorce was final and I was ordered to pay $1085 a month. A credit of $150 was given for travel expenses, so my monthly amount has been $935 for one child. The amount was set so high mainly because my ex-wife had placed our daughter in one of the most expensive day cares in the Denver area. My daughter is now 9 and obviously doesn't need day care anymore. I have since remarried and have two other children and the amount is really starting to hurt our finances. I would like to know what would be the best way to go about getting my child support lowered i.e., getting a lawyer or go through the Colorado Department of Human Services? I would also like to know if it is possible to sue my ex-wife for fraud? I found out that soon after the divorce, my daughter was pulled out of day care, never to return and my ex never reported it. Thank you for your assistance. Sincerely, XXXXX XXXXX
State/Country relating to question: Colorado
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Thank you for contacting our JA team for guidance. It is best to get the court order modified, since only the court can terminate or change it's own orders. A motion to modify would need to be filed since there are significantly changed circumstances. It is unlikely a court would hear a cause of action for fraud since you could have checked sooner to see whether your daughter was still in the same daycare and filed a motion to modify the order at that earlier day.Under the circumstances you have provided, it is very likely your motion would be granted and the support order significantly reduced.Here is a website to estimate the amount of support you would be ordered to pay under the circumstances:http://www.alllaw.com/calculators/Childsupport/Colorado/ Please let me know if you need clarification. Best regards XXXXX XXXXX Tina G ___________________________________________________________________________________ Please press the green "accept" button so I may be credited and paid for my time when I have answered/clarified your question. Positive feedback and a bonus are always appreciated. Thank you very much. NOTE: This open forum is for educational purposes only and does not constitute legal advice. It is highly recommended that you seek representation by a local attorney for all legal matters. The state bar association can provide you with attorney referrals. Please remember that I cannot know what you know unless you tell me. There may be important factors that are relevant to your question that I am not aware of in your specific situation, but I will always do my best to be professional, courteous, and prompt.
JD, 15 years experience including family law
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