The Colorado Court of Appeals issued its opinion in In re Marriage of Paige on May 10, 2012.
Post-Dissolution of Marriage—Child Support Modification—Change in Physical Care.
In this post-dissolution of marriage proceeding between Steven Paige (father) and Sarah Paige (mother), father appealed the denial of his motion to retroactively modify a child support order based on a change in physical care of the parties’ child. The Court of Appeals reversed the order and remanded the case.
In the 2000 permanent orders, mother was designated the primary residential parent and father was ordered to pay mother monthly child support in the amount of $1,057.24. In 2008, mother filed a motion requesting contempt sanctions against father for his failure to pay amounts due under the court’s orders, including child support from July 2000 to April 2005, when the child became emancipated. Father filed a motion to modify child support and argued that pursuant to an unwritten agreement between the parties, the child lived with him from July or August 2000 to March 2003, and again from September 2003 through her emancipation; therefore, father should not be required to pay child support to mother during that time period.
Pursuant to CRS § 14-10-122(5), “when a mutually agreed upon change of physical care occurs, the provisions for child support of the obligor under the existing child support order, if modified pursuant to this section, will be modified as of the date when physical care was changed.” This agreement does not need to appear in written form. Because the court erred in requiring a written agreement between the parties as to the change in physical care and failed to hold a hearing, the order was reversed and the case was remanded for a hearing on father’s motion.
Summary and full case available here.