Would A Colorado Court Agree To Advanced Child Support?

On Behalf of | Jan 18, 2018 | Blog |

You might have read several recent headline news stories regarding Hollywood executive Harvey Weinstein’s unfolding divorce and various other legal actions against him. If you also happen to be preparing for or currently navigating the divorce process, you may find it beneficial to pay close attention to others’ experiences, especially when your situation shares similar issues. In Weinstein’s case, prenuptial agreements, extenuating circumstances (i.e. criminal charges and numerous civil lawsuits) and child support are key factors.

Weinstein’s ongoing divorce is from his second marriage. However, his former first wife has also come forward to submit a unique request to the court in light of Weinstein’s present situation. The former couple has two children together, and the children’s mother is very worried that Weinstein’s circumstances may lead him to complete financial ruin, which could result in serious legal problems concerning child support. Attorneys on both sides will no doubt play key roles in court as this battle unfolds.

Court rejected ex-wife’s request in Weinstein case

In light of various lawsuits many women in several different countries have filed and are planning to file against Weinstein, his former first wife apparently thought it would be a good idea to ask the court to order him to pay the child support he’d owe in the future (some $5 million) up front, in advance. The facts that follow pertain to this topic and may apply to your particular situation:

  • Through an attorney acting on her behalf, Weinstein’s former wife told the court she is greatly concerned that Weinstein will soon be financially destitute. So that her children receive the financial support to which they are entitled from their father, she wanted the court to order a lump sum, advanced payment. The court denied the request.
  • Her attorney noted that Weinstein has been paying many attorneys who are representing him throughout numerous impending lawsuits in advance; therefore, there is no apparent reason he should not make the same gesture to provide for his children now, since his financial stability is greatly at risk.
  • If you are considering requesting permission to make a lump sum, advanced child support payment, you may want to discuss the topic with someone well versed in family law matters. Doing so could impede your ability to later request modification of an existing child support order should the need arise.
  • An advanced payment does not negate an existing court order, meaning that just because you pay up front, you do not abdicate your obligation per the written court order. The court order will stand until its expiration date, which, concerning child support, is typically when the child in questions reaches age 18.
  • If your former spouse is the one paying, there are ways to seek legal enforcement if he or she fails to adhere to the court order.

Colorado and all other states operate individually when it comes to child support and custody regulations in divorce. Your divorce may not necessarily involve millions of dollars in assets as Weinstein’s does; however, you might be searching for options to overcome similar problems having to do with child support, custody or how a prenuptial agreement you signed may impact your divorce settlement (also a key factor in the current Weinstein divorce case).

Experienced guidance may be helpful

Many Colorado residents understand the importance of enlisting strong, outside support when preparing to litigate a particular divorce issue. It’s often the easiest way to protect your rights as a parent and also to make sure all parties keep your children’s best interests as a central focus in proceedings.