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I have family law questions. My case is in Denver County,

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Hi,I have family law questions...
Hi,I have family law questions. My case is in Denver County, Colorado. My daughter's father is going to be getting married for the 4th time (yes, 4th) this coming December. He is requesting to take my daughter during my parenting time and have her miss one day of school so that she may attend this wedding which will take place somewhere in the mountains. I don't believe it is in my daughter's best interests to miss any school to attend this. However, I am willing to work with him regarding the weekend time he is requesting. The question is: How would it look (potentially to a judge or magistrate) if I resist him in any way regarding his request to remove her from school for a day to attend his wedding ceremony? Just looking for some thoughts and guidance from a professional in family law. Bear in mind, this is all going to take place during what would normally be my parenting time.Secondarily, I am wanting to file a motion to modify child support. Even though I have my daughter the majority of the time, I am paying child support to him because he committed perjury and claimed he was paying $2,000/month in maintenance to a 2nd ex-wife (not me). Therefore, he received a $2,000 maintenance credit on the child support worksheet. This 2nd ex-wife called me and was in shock when she saw my court order to pay him, as he has NOT paid her any maintenance at all since Fall of 2016, according to her. I have, however, been paying him since January of 2017. Do you think I have grounds to modify if she will sign an affidavit stating he has not paid her since approx. Sept. 2016? Do you think I can get this retroactively modified back to Jan. 2017?Thank you.
Submitted: 6 months ago.Category: Family Law
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Answered in 1 hour by:
8/3/2017
Family Lawyer: S. Kincaid, Family Law Attorney replied 6 months ago
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2,514
Experience: I have practiced family law since 1996, focusing on child custody and domestic violence
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1) Whether the judge/magistrate would find it reasonable to refuse to let her miss school depends on your child's grade level and whether she has difficulties in school. For example, most judges don't care if a kindergartener misses school. On the other hand, if an 11th grader is going to miss vital information, or if a special ed student is going to lose continuity, there might be an issue. In any case, a wedding is considered a big thing and even in those cases, a judge might think that you should have let her attend. Is the wedding on the actual school day? Could she attend the wedding and then return to your care and go to school?

2) Retroactive modification is not ordered with respect to child support. But going forward, you could get a modification based on a change in circumstances. The only restriction is that the dollar amount of the order must change by 10% or more. It sounds like it would since he would likely be paying you instead of you paying him. Is your child support order through the court system or through DSHS? DSHS may not assist you with the modification, but you could still bring the action in a court proceeding.

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Customer reply replied 6 months ago
1.) To clarify, he has not said what day it will be, but that she needs to miss a Friday as there are family activities going on Friday-Sunday and they will be in a remote mountain location. It seems as though the wedding will be Saturday or Sunday. He has said she will return Sunday evening.2.) It is both through the court and in my case DHS (Department of Human Services) will be involved as well.3.) If further questions on this arise, I will let you know.
Customer reply replied 6 months ago
Also, she is in 7th grade at a school where academic performance and attendance are highly important.
Family Lawyer: S. Kincaid, Family Law Attorney replied 6 months ago

That's a mixed bag. High school is always an issue. If she's doing poorly in school, missing school is an issue. Seventh grade and doing well in school - that's on the fence. You never know how a judge will react to that.

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Family Lawyer: S. Kincaid, Family Law Attorney replied 6 months ago

Why do you say it's particularly important at this school?

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Customer reply replied 6 months ago
It's particularly rigorous and she has had nearly perfect attendance, not having any full day absences thus far.
Family Lawyer: S. Kincaid, Family Law Attorney replied 6 months ago

If it were the day of the wedding, I'd say that you should probably give her the day off. If she cannot attend the wedding without that day off, then you might have to. I think you should make sure she can attend the wedding. Is she worried about missing school and getting behind?

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Customer reply replied 6 months ago
That would be more my concern actually. She is also very conscientious as well.
Family Lawyer: S. Kincaid, Family Law Attorney replied 6 months ago

If she would rather not go than miss school, that's the only thing that would sway me. And if there's any way she can go after school on Friday, that would be best. If you completely obstruct her attendance, it could look bad for you. I don't know, however, if you have upcoming hearings or proceedings where the judge's opinion of you matters. If the case is complete, it may make no difference.

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