Question: If I have a child from another marriage post-divorce, can it reduce the amount of child support I pay to my previous spouse for our son in a joint custody situation?
Answer: I must inform you that I am not licensed to practice in Colorado. However, Cordell & Cordell has many attorneys licensed and located in Colorado who would be happy to help you. Because each state has different laws governing child support, it is important that you contact a domestic litigation attorney licensed in Colorado prior to taking any action.
A person may always petition the court to modify child support payments. A court may or may not award a reduction in payments. Various criteria are used to determine child support.
Typically income and number of children are two major factors. You should consult the Colorado Child Support Guidelines for specifics. Based on what you have told me in your question, you have an additional child to support now and you would like a reduction in what you are paying for support on your first child. As stated earlier, if you want to reduce child support, you must petition the court asking it to modify the child support order. In order for a court to reduce an amount of child support, you must demonstrate that you can no longer financially meet your obligations. Having another child could be evidence that you should have your financial support to your first child reduced.
Also, a change in income can be presented to show that your child support should be reduced. Please understand that the reduction in support will be left to the discretion of the judge upon your showing that you cannot pay the amount of support currently in place.
Steven “Lee” Akins, Jr. is a Staff Attorney in the Memphis, Tennessee office of Cordell & Cordell, P.C. Mr. Akins practices exclusively in the area of domestic relations. He received his BBA in Finance from Southern Methodist University and continued his education to receive his Juris Doctor from Texas Wesleyan University.