Relief for Support - by Dale E. Johnson

The Colorado Court of Appeals has recently opened the door for equitable relief for obligors who owe years of unpaid court ordered child support or maintenance who believed they did not have to pay due to conduct of the obligee.  While the new defenses are not easy to prove, they at least are now available.  Before now, they were not available at all in Colorado.  If you have a child support or maintenance obligation, it is important that you comply.  It is best not to rely on oral promises that you do not have to pay or that the payments will be forgiven.  Seek legal advice about the obligation and whether it can be modified.  But, if you did not pay because the other party led you to believe you didn’t have to, you now may have a defense.  It all depends on the facts.