Ms. Storey was asked:
Previous court order is 50/50. Two children are involved and one child wants to live with father, one with mother. How do they calculate child support?
There is no age at which children in Colorado get to decide their own parenting time. If you and the other parent are not in agreement as to modifying parenting time, then the court must decide what is in the child’s best interests. There are specific statutory factors that the court must consider. One of those is the child’s wishes, but only if of adequate maturity to form such an opinion. The court considers other factors, such as the parents’ wishes and the ability of the parents to put the needs of the child ahead of his/her own. Another hurdle if this modification is based upon the child’s wishes is how the court learns of such. Courts do not usually allow children to testify and frown upon parents who seek to have them testify. Neither parent can simply tell the court what the child allegedly wants, as that is hearsay. The appointment of a Child and Family Investigator can be sought, to ascertain the child’s wishes, as well as if the child’s expressed wishes are based upon a mature position, testify as to such to the court, and to make recommendations as to parenting time in the child’s best interests.
If modification of parenting time occurs, where one child is in the primary care of each parent, two worksheets are run with just one child each, and offset against each other.
Good luck to you!