QUESTION

If you are divorced with a divorce decree and the ex-spouse won''t exchange tax rtns to determine if child support should change what should I do?

Asked on Dec 12th, 2011 on Divorce - Colorado
More details to this question:
I am currently divorced and my divorce decree states that every year we should sumbit a copy to the ex-spouse to review and determine if the child support obligations should change. My Ex refuses to do that , but did offer to pay all expenses related to the child instead of exchanging tax returns back in 2007, now he is refusing to pay for items related to the child. Since this isn''t currently in writing 1. Can I get it in writing now and 2. if we were to finally exchange tax returns, could we go back to previous years returns since he wouldn''t exchange them at that time? Thanks for your help.
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1 ANSWER

Melissa Marks
His paying for all expense previously does not necessarily mean that he is required to continue doing so if he is/was not required to.  So, to answer question 1. In general, and without know the exact facts,  you can get it in writing if he agrees to put it in writing or if the child support calculation based on your incomes and division of expenses requires him to pay all expenses.  2. If he previously paid all expenses, there is really no relevance to his prior tax returns.  Regardless, you cannot retroactively modify child support.  Child support is modified as of the day you file a motion to modify child support, if such modification is awarded.  You can find basic forms on the Colorado Court's website under "Forms" "Domestic/Family."  Click here to go to the link.  Additionally, you should know that he cannot necessarily claim any extra payments he made over his required child support payment as additional child support payments (i.e. to offset future payments).  I suggest you discuss your situation with an attorney to determine the best course of action for your specific situation. 
Answered on Dec 13th, 2011 at 5:15 PM

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