Denver, CO (Law Firm Newswire) March 18, 2013 – In a Colorado child support case, a request for support modification was denied.
In the case of Beatty and Turner, 279 P.3d 1225 (Colorado App, April 26, 2012), a couple’s marriage was dissolved in 2001. The father was subsequently ordered to pay monthly child support for one or more dependant children in the amount of $1,155. In 2009, the father objected to a garnishment of his wages to pay for back support payments he had not made, and he also requested a modification of the support amount. The case reached the court in 2012.
After an evidentiary hearing on arrears and child support, the court found that both parties had reached an out-of-court agreement which modified the amount of the child support payments, but the mother sought a review of that modification. The court agreed that the parties could not escape their responsibilities to provide adequate child support. It ruled that the amount of child support must be reviewed by the court to ensure the new amount was adequate under the statutory guidelines.
“When there is an issue of child support either not being paid or an interest in modifying the amount, it is usually in the best interest of both parties to work with a custody lawyer to ensure changes go through the proper channels,” commented Denver child custody attorney Bill Thode. “Problems can arise when there is a casual agreement which then doesn’t sit well with one party. Formalizing an agreement is especially important when a significant amount of money is at stake.”
Because the father did not allege that he was unaware of his continuing obligation under the original support agreement, and because he lacked the knowledge and means to seek modification for it, and due to the fact that he did not allege that he took any action in reliance on the reduced support agreement, the court ruled that he did not meet the requirements for payment modification.
Individuals who are looking to change or modify custody agreements, alimony payments or other issues in regards to their divorce agreements may wish to contact a Denver divorce lawyer to ensure their interests are protected.
Thode Law Firm, P.C.
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Denver, CO 80206
Call: (303) 330-0425