Child Support

Child Support

Child support is a financial obligation that one parent has to the other parent for the benefit of their child or children. The purpose of child support is to ensure that the child’s basic needs are met, such as food, clothing, housing, and medical care.

In a proceeding for dissolution of marriage, legal separation, paternity, parental responsibility, and support proceedings the court may order either or both parents owing a duty of support to a child of the marriage to pay an amount reasonable or necessary for the child’s support and may order an amount determined to be reasonable under the circumstances for a time period that occurred after the date of the parties’ physical separation or the filing of the petition or service upon the respondent, whichever date is latest, and prior to the entry of the support order, without regard to martial misconduct.

In Colorado, an order for child support continues until the child reaches age 19 unless it is terminated earlier by court order. However, the court can continue support beyond age 19 if the child is unable to care for himself or herself due to mental or physical disability or for other reasons justifiable in the opinion of the court.

The child support guidelines and schedule of basic child support obligations do the following:

1. Calculate child support based upon the parents’ combined adjusted gross income [“AGI”] estimated to have been allocated to the child if the parents and children w/ere living in an intact household;

2. Adjust the child support based upon the needs of the children for extraordinary medical expenses and work-related child-care costs; and

3. Allocate the amount of child support to be paid by each parent based upon physical care arrangements.

Retroactivity of Child Support

The court may order an amount of child support determined to be reasonable under the circumstances for a time period that occurred after the date of the parties’ physical separation or the filing of the petition or service upon the respondent, whichever date is latest, and prior to the entry of the support order, without regard to marital misconduct.

In determining the amount of support the court, without regard to marital misconduct, must consider all relevant factors when determining child support as set forth, including:

1. The financial resources of the child;

2. The financial resources of the custodial parent;

3. The standard of living the child would have enjoyed had the marriage not been dissolved;

4. The physical and emotional condition of the child and his or her educational needs; and

5. The financial resources and needs of the noncustodial parent.

Child support is a critical issue that can arise in the context of a divorce or separation. At Nexus Family Law Group, our experienced child support attorneys are dedicated to providing our clients with effective legal representation and guidance in this complex area of law.