When parents part ways, Colorado law prioritizes the well-being of children by ensuring that both parents share the costs of raising their children fairly and equitably.
In Colorado, child support obligations are determined based on a complex formula. Trying to establish child support can be incredibly emotional since your children’s rights and interests are at stake. But you don’t have to face it alone.
The Denver child support attorneys at Halligan LLC fight on behalf of clients to ensure their children receive the support they are entitled to under the law. Contact us today for a free consultation.
Child Support Obligations Under Colorado Law
Although both parents have their children’s best interests in mind, disputes over child support obligations often happen, especially if one parent believes the other is not paying his or her fair share of the costs of raising their children.
Parents may get into disputes over their existing contributions to childcare costs, especially if they have equal parenting time. Parents may also dispute their respective assets and incomes, especially when a parent owns a business or has complex or highly valuable assets, such as investments.
Child support can often lead to disputes, especially when the parent required to make payments believes they cannot afford the amount set or decides to stop making payments altogether.
Parents may petition the court to modify existing child support obligations. If support payments are not being made, the parent who is owed child support may have to petition the court to take action and enforce the obligation.
What You Need to Know About Child Support
In Colorado, both parents are required to provide financial support for their children until they reach the age of 19. This may extend beyond 19 in certain circumstances, such as if the child is still in high school or has a disability preventing them from being capable of self-supporting.
The non-custodial parent frequently pays child support to the custodial parent. However, if both parents share custody equally, the parent with the higher income may still be required to pay child support to the other parent.
Moreover, child support is intended solely for the child. It is not a payment to the other parent and differs from spousal support.
How Child Support is Calculated in Colorado
In Colorado, child support obligations are determined according to a formula that includes:
- The income of the parents;
- The spousal maintenance obligations of either parent (if any);
- Other child support obligations of either parent (health insurance, etc.);
- Whether either parent has children outside the relationship (non-joint children);
- Each parent’s overnight parenting time with their children; and
- Other education and healthcare costs
Calculating child support isn’t always straightforward. Many issues, such as self-employment income, fluctuating wages, or disagreements about parenting time, can complicate the process. While the formula provides a guideline, the court has the discretion to adjust the amount if it deems it necessary for the child’s best interests.
Child Support Laws
Child Support Guidelines (C.R.S. § 14-10-115)
Colorado’s child support guidelines provide a standard of support for children that is consistent with the child’s reasonable needs and the parent’s ability to pay. The court may deviate from these guidelines if it finds that their application would be inappropriate. This might happen in cases where a parent has an unusually high or low income or where a child has special needs.
Child Support Enforcement (C.R.S. § 14-10-117 and C.R.S. § 26-13-101 et seq. )
If a parent fails to meet their child support deadlines, enforcement measures can be taken. These measures can include income withholding, interception of tax refunds, suspension of licenses (including driver’s and professional licenses), liens on property, and even jail time.
The child support services program under the Colorado Department of Human Services plays a key role in enforcing child support orders. They can help locate noncustodial parents, establish paternity, and enforce child support orders.
Duration of Child Support (C.R.S. § 14-10-115 (13))
Under Colorado law, child support typically continues until the child reaches the age of 19 or emancipates. If the child is still in high school or an equivalent program when they turn 19, support may continue until they graduate or turn 21, whichever comes first. Exceptions also apply.
Late/No Child Support Payments
If your child’s other parent is not making due payments, they will continue to add up in “arrearages.” If a parent incurs arrearages, you may go to court to enforce the child support obligation on your child’s behalf. The court has several options for enforcing a child support order, including:
- Entering an order of contempt against the non-paying parent
- Income assignment against the non-paying party;
- Forfeiture of some or all of the state tax returns of the non-paying party;
- Application of interest on arrears;
- Suspension of a non-paying parent’s driver’s license; or
- Jail time.
How Our Denver Child Support Attorneys Can Help
Child support laws can be overwhelming, especially when you’re also dealing with the emotional fallout of a divorce or separation. Our experienced Denver child support attorneys are dedicated to protecting your children’s rights. Our services include:
Calculating Child Support: Understand how Colorado’s child support formula applies to your situation.
Negotiating Child Support Agreements: We may represent clients in negotiations with the other parent, working towards a fair and equitable child support agreement that meets each child’s needs.
Enforcing Child Support Orders: If the other parent isn’t meeting their obligations, we may take steps to enforce the child support order, including pursuing legal action if necessary.
Modifying Child Support Orders: Life changes. If your circumstances or those of the other parent have significantly changed since the original order was made, we may help you petition the court for a modification.
Every family is different, and we’re committed to providing personalized service tailored to your specific needs. Our goal is to make this process as smooth as possible for you and your children.
Contact Us for a Free Consultation
Don’t face this challenging time alone. Contact Halligan LLC today for a free consultation with one of our skilled Denver child support attorneys. We take the time to understand your situation, explain your options, and outline a strategy to achieve the best possible outcome for your family.
Frequently Asked Questions
How is child support calculated in Denver?
Under Colorado law, the amount of child support to be paid is calculated according to the “child support guidelines” established by the courts. It considers each parent’s gross income and the parenting time each parent has with their children.
The guidelines also include child care costs, educational expenses, and health insurance. The court may then adjust the calculated amount based on other statutory factors, or if parents have very high or very low incomes.
What happens if a parent experiences a significant change in finances?
If you (or your child’s other parent) have a significant change in income, such as a decrease or termination of maintenance, losing employment, or enjoying a significant increase in income, you may be able to petition the court to modify the child support obligation.
Or, if the parent with the child support obligation gets a new job that pays substantially more than his or her previous job, the other parent may be able to petition to increase the child support obligation.
Can I modify child support orders?
Yes, these orders can be modified if circumstances substantially change, such as a change in income, job loss, or changes in child care or healthcare costs.
What is a child support agreement?
This is a legal document that outlines the terms of financial support for a child. It must comply with Colorado child support guidelines and is often incorporated into court orders.
How does child custody affect child support?
The custody arrangement influences the amount of child support. For instance, if one parent has sole physical care of the child, the other parent may be required to pay more to ensure adequate financial support for the child.
What expenses are covered by child support?
Child support typically covers basic child support obligations, including housing, food, clothing, health insurance, child care costs, and other related expenses.
How does Colorado law handle interstate child support cases?
Colorado works with other states to enforce child support orders and ensure payments are made. A Denver child support lawyer can assist with interstate child support issues. If this is your case, contact our law office today.
Can health insurance and child care costs affect child support payments?
Yes, costs like health insurance premiums and child care expenses are factored into the child support assessment to ensure the child’s needs are adequately met.
What if my kid’s other parent is not paying child support?
If the other parent is not paying child support, you can seek enforcement through Colorado’s child support services or the court system. This may involve wage garnishment or other legal remedies.
What is a noncustodial parent?
The noncustodial parent is the parent who does not have custody of the child. This parent normally pays child support to the custodial parent to tend to the child’s financial needs.
How can I ensure fair child support orders?
Fair child support orders are achieved by accurately calculating each parent’s gross income, considering all child-related expenses, and applying Colorado’s statutory guidelines. A child support attorney can help.
What if I’m dealing with a divorce or custody case?
In a divorce or custody case, child support is determined as part of the legal process. Your lawyer may help address child support needs alongside custody arrangements to ensure the child is financially supported.
