My ex-sister-in-law is harassing me regarding child support modification. My ex-husband hasn't talked to me about this issue.
My ex-sister-in-law is harassing me regarding child support modification. My ex-husband hasn't actually talked to me about this in the past 8 years we have been divorced. We had a very amicable divorce and have had no problems prior to her trying to meddle in our business. She continues to email me and call me to leave messages with threats of when and how I need to proceed. I have not responded to her. I am happy to sit down with him and discuss the sworn financial statements and other documents to look at modification if necessary but I am tired of dealing with her. What are my rights in the courts eyes in terms of modification and what specifically is the process I need to follow?
Answer:
Well, the prior answer has the gist of your rights. However, since you and the ex have had a good relationship, I would not try to sour it by being mean to his sister. Remember her motivation is genuine concern for her brother.
I would suggest calling your ex and having a conversation about the situtation. If in fact he is having financial problems, then it may be necessary to modify. Many people who have been divorced want to use the child support or maintenance payments to punish the other partner (either by not paying enough to take care of the children well, or by demanding too much). This usually means that everyone hates everyone, and the children learn the hating part easily. Since the point is the children, talking with your ex is the best way to stay friendly and work toward your shared goal of taking care of the kids.
As for sis. You should write an email explaining that this is not her business. Mention that you and the ex talk and will talk in the future, but that her harassment is unlikely to help. Do not discuss specifics with her. If she won't quit, you have three options. One is to ignore her messages. The other is to keep all her voice and email messages and then make a complaint to the police for harassment. The third is to talk with the ex or another family member and see if he can cool her jets.
As for the Colorado process, its pretty simple. Either party may file a motion with the court to modify the current child support order. The parties then will engage in exchanging new financial statements and disclosures. The parties may engage in mediation, or the court may order it. If agreement isn't reached, then the court will hold a hearing, hear the evidence, review the financial data and make a decision. The change can go up or down. In Colorado, the result is usually pretty predictable because the statute contains the formula and court's do not vary much from its application. You can find calculators online that will let you and your ex put in different numbers in order to see the effect on the child support equation.
