Typically, Colorado law requires you to provide monetary support to your children. However, there may come a time when you cannot afford to make child support payments as ordered. Fortunately, there are several different ways in which you may be able to avoid running afoul of an existing court order during a financial crisis.
It may be possible to modify an existing order
If you have lost your job, incurred a significant expense or experienced other forms of financial hardship, you may ask a judge to modify an existing support order. The modification will generally remain in place for however long you expect to be in financial trouble.
A support order might be suspended
A judge may suspend an order in the event that you’re unable to comply with a court order without creating an undue financial hardship. However, in most cases, you will be required to make up any missed payments after the order goes back into effect. A family law attorney may be able to help you come up with a plan to pay what you owe in a timely manner.
The child’s other parent could decline the payments
Your former partner may be willing to give back any money that you send to help pay for your child’s care. This would allow you to remain in compliance with a judge’s order without losing the ability to provide for your basic needs. However, it is important that you physically make the payment each month to ensure that you remain in good standing with the court. It may also be a good idea to get the terms of such an arrangement in writing.