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I have a child support question. Colorado. Does this cost…

Customer Question
I have a child...

I have a child support question.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Colorado

Lawyer's Assistant: Have you talked to a lawyer yet?

No

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Does this cost

Submitted: 7 months ago.Category: Family Law
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Answered in 1 hour by:
12/9/2017
Family Lawyer: Nisha Jones,
 replied 7 months ago
Nisha Jones
Category: Family Law
Satisfied Customers: 3,349
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good evening, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Family Lawyer: Nisha Jones,
 replied 7 months ago

I'd be happy to help, what's your specific legal question?

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Customer reply replied 7 months ago
In the original child support order, the payors base salary of $85,000 was used as “estimated income” for the calculation. It was known that actual income would likely increase based on the potential of receiving a performance bonus of “up to $10,000”, which was clearly stated the employment contract.
At the end of the payors contract, a $10,000 bonus was paid, resulting in actual salary of $95,000 for that year. This is greater than a 10% difference.
Pursuant to Colorado child support law (C.R.S. § 14-10-115), bonuses need to be factored into the amount of Child Support received. Is the payor required to back pay the difference in child support that resulted from underestimating actual income.for that period of time? Is there a penalty for underestimating income used in child support calculations?
Family Lawyer: Nisha Jones,
 replied 7 months ago

Thanks for the additional information. Give me just a minute to type up my response, thanks!

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Family Lawyer: Nisha Jones,
 replied 7 months ago

Yes, this would be grounds for requesting that the court revisit the child support order.

Bonuses are in fact supposed to be calculated into your child support order.

You should request that judge review your current child support order and make the appropriate adjustments.

Here is the form you'll need:

https://childsupport.state.co.us/siteuser/do/vfs/Read?file=/cm:Forms/cm:Review_x0020_and_x0020_Adjustment_x0020_Final_x0020_Document.pdf

You may also find this resource to be helpful:

https://www.acf.hhs.gov/sites/default/files/programs/css/changing_a_child_support_order.pdf

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 7 months ago
Thank you for your response. What I would like to request from the Judge is as follows.I request that the court order Mrs. Taavialma to pay Mr. Taavialma $945.24 in underpaid child support for the time period from July 1, 2016 to August 30, 2017. This is as a result of the bonus that was not included.I request that the court order Mrs. Taavialma to pay Mr. Taavialma $871.95 in underpaid child support for the time period from July 1, 2017 to November 30, 2017. This is because her new contract started on July 1st, but she did not pay the new amount until December 1st.Moving forward, Mrs. Taavialma and I both agree that on the new child support amount.She has a lawyer, and I have made my request through him, and it was denied. We went to mediation, but we were not able to come to an agreement.Her lawyer says that my motion has no legal grounds, and is frivolous. I personally think that the request is fair and reasonable.What do you think?Thank you!David
Family Lawyer: Nisha Jones,
 replied 7 months ago

Hi again!

The site is meant for general informational purposes only not for specific legal counsel.

There is a document review service that would allow me to look over the document you sent, there is a small additional fee, but if you'd like to do that it is much cheaper than having a sit down with an attorney to review it.

If you're interested you can let me know and I can send you the link to follow to authorize the document review service, or you can contact customer support directly and they can get you set up.

Also, please take a moment to leave a positive rating for my answer above to your original question. I'm only compensated by the site for my time and help after you rate, 5 stars are always appreciated. Thanks!

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Family Lawyer: Nisha Jones,
 replied 7 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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