My husband was recently in an accident and had surgery to repair the patella tendons in both knees, leaving him unable to walk, drive, etc. He has requested to work from home temporarily, but his employer denied that request. He’s been out of work for almost a month and is expected to be in full leg extension for another six weeks. He tried to talk to the child’s mother about temporarily decreasing his child support, but she refused, which was expected. They went to court in Colorado, where the child resides. Is there something in Colorado that he can file to temporarily decrease child support?
Existing court orders remain in effect. Since the mother has refused a voluntary modification, the next step is to file a request to modify child support with the court, citing your husband’s physical condition and inability to work as a negative material change in circumstances. The court should be able to modify support retroactively to the date of filing/service and then moving forward.
Yes, you can absolutely file for modification of child support. You’ll need to present your case in court since she’s not going to agree to anything. Most courts can be understanding during tough times. I had an ex who asked for leniency when he was in a psych hospital for part of the month, and while it was tough, the court considered it.
He can definitely file for modification of the order. It’s worth pursuing given the circumstances.