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Submitted 54 days ago...

Deafen338

Deafen338

New User (2)

What is the "child credit" law (Jan.1, 2008) in custody situations in Colorado?

My son has been living a divorce and custody nightmare for the last 3 years. They have a 3 year old son. His ex is re-married and is planning to get pregnant asap. My son was just informed that when his ex has child #2, she will be entitled to a credit---and his support payment will increase. This is criminal. It will not be his child and it is her personal decision to stop working. Why are the fathers of Colorado and so many other states treated so poorly and with such disrespect? What (if anything) can be done to help fathers retain some rights? I should mention that the divorce was not my sons choice. His ex left him with their 2 year old infant after 1 1/2 years of marriage---and she has ALL the RIGHTS on her side---UNFAIR! Thank you for listening.


This answer was edited by a moderator 54 days ago.

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Submitted 54 days ago...

tomturkey

tomturkey

Brain (2,862)

Well tell your son not believe everything that his ex tells him. If he is paying child support on his incom only then if she decides to have a baby his child support will not increase. However if at the time that they divorced and the court ordered child support and it was based on his incom and his ex's incom if she was working she can try to file a motion to have the child support modified. The child support amount is usally 25% of your sons total incom. If he is already paying that then she will not get any more. His ex will only be entitled to a tax credit after the baby is born. That tax credi has nothing to do with your son having to pay anymore for child support, the child crdeit will be on her and her knew husbands incom only. Also if you feel that your son is not having his rights, then he can file a motion with the court and ask the court for joint custody. If he gets joint custody and has the child at least half of the time that could make a difference in what he pays for child support. Sometimes the court will lower the amount of child support when the parents have joint custody and share 50% parenting time though the year. Also if your son is paying health benifits for his child that also can lower his child support amount. these are all options he can check into. Tell him to always check his options do not just go by what he hears. There are many attorneys that will give you free consutaion,tell him to take advanage of this and call a few. He can also download legal forms on line for modivacation and file it with the court and save some money.

 
 

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