One of the hardest things about working in the area of family law is when the client says “it’s not fair”. Unfortunately fair isn’t always the law. Judges and our court system must follow the law, whether to the lay person it seems right or wrong, fair or unfair. Courts cannot worry about the feelings of a client, they can only apply the law to the set of facts before them.
At DRC, we help you to understand the law and apply it to your own situation. For instance, one situation comes to mind where a Father was injured in an accident and was unable to pay his court-ordered child support. Father and Mother sat down and made an agreement that Father would not have to pay child support until he was healthy again and able to work. Years went by under this agreement with Father believing he had no obligation to pay support and Mother not pushing the issue. Then one day, Mother went to Court to force Father to pay all of the child support he had not paid plus interest. Since child support in Colorado accrues interest at the rate of 12% per annum compounded monthly, the debt was huge.
Although Father believed he and Mother had reached an agreement, the agreement was never submitted to the Court and made an order of the Court. Therefore, it was not worth the “paper” it was written on and the Judge required Father to pay everything.
Had Father consulted with a family law attorney, had a stipulation drafted for a modification of child support, received an order from the Court approving the stipulation, the huge debt could have been avoided. Was what Mother did fair? Probably not. But is what she did legal and allowed by law? Yes. Let us help you understand the law and apply it to your set of facts.