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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116713
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Well I have been a victim of injustice I believe. I have a

Customer Question

Well I have been a victim of injustice I believe. I have a mediated agreement from 2008 in which custody was split 50/50. The temporary support order (based on 52 overnights) was never changed. I filed a motion to modify, complete with pay stubs etc, but the court never ruled upon it (I assume it was lost in shuffle while a change in judge occurred). I continued to fight until finally it was modified in 2013. I essentially overpaid by roughly $23,000 +/-. They are coming after me for $2100 in "arrears" and I'm trying to get them to see what they've done.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Colorado
JA: Have you talked to a lawyer yet?
Customer: No. Had attorney when the mediated agreement was made but not since.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I'm very knowledgeable and I have researched some things. One case I wanted to bring up in court is an appeal in re: marriage of Pugliese 1988
Submitted: 9 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Your only recourse at this point is to get the arrears waived based on the change that was made. So you have to file a motion in the court to waive arrears and seek a refund of support paid back to the date the motion was filed and present your evidence that the support should not have been due and you should receive at the very least waiver of any arrears (as courts are hesitant to actually refund money already paid) and ask the court to also consider ordering reimbursement of money that you paid that should not have paid based on modifying the custody to reflect the proper settlement. You are going to have to show the date you initially filed the motion and argue that had the court heard the motion when initially filed you would not have incurred the additional support payments and as such those payments should be reimbursed to you and any arrears should be waived.
Customer: replied 9 months ago.
OK thank you. I have attempted to file such a motion but it was denied. I will once again file but with more information to hopefully sway the decision to one that is more equitable.
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
If your motion is denied, you would need to file an appeal to the court of appeals proving that the court neglected to properly adjust the support based on the 50-50 custody even though income was not grossly different between the parties to warrant a deviation from the support guidelines, since in 50-50 custody there is generally no support and each parent is supposed to support the child while in their custody.