Colorado Child Support Lawyers
Child support is a financial obligation where one parent has to provide payment to the other parent for the benefit of their child or children. Child Support is a right of the child(ren), not a right of either parent. The purpose of child support is to ensure that the child’s basic needs are met, such as food, clothing, housing, and medical care. Child support attorneys in Colorado can help families navigate divorce, family law, child support, alimony, and child custody agreements to ensure the process is fair.
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Denver Child Support Law Firm
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 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 before the entry of the support order, without regard to marital misconduct.
In Colorado, an order for child support continues until the child reaches age 19 unless it is terminated earlier by a 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:
- Calculate child support based on the parents’ combined adjusted gross income (AGI) estimated to have been allocated to the child if the parents and children were living in an intact household;
- Adjust the child support based upon the needs of the children for extraordinary medical expenses, cost of health insurance, and work-related child care costs; and
- Allocate the amount of child support to be paid by each parent based on physical care arrangements.
If you’re having difficulty navigating this process, you can reach out to our experienced Colorado child support attorneys.
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Retroactivity of Child Support
The court may order an amount of child support determined to be reasonable under the circumstances for a time that occurred after the date of the parties’ physical separation, the filing of the petition, or service upon the respondent, whichever date is latest, and before 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:
- The financial resources of the child;
- The financial resources of the custodial parent;
- The standard of living the child would have enjoyed had the marriage not been dissolved;
- The physical and emotional condition of the child and his or her educational needs; and
- 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 Colorado child support attorneys are dedicated to providing our clients with effective legal representation and guidance in this complex area of law.
We’ll advocate for your rights as a parent in all areas of family law. If you’re interested in learning more information, you can contact our law firm today.
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Elizabeth Gregory
Member & Managing Partner
Yasaman Saeedasr
Member & Managing Partner
Frequently Asked Questions
Can child support be modified?
Child support in Colorado can be modified when there is a substantial and continuing change in circumstances that results in a 10% or more change in the child support amount.
For instance, it can occur in a case where a parent experiences a substantial change in income. Modification of child support in this situation would most likely be warranted. Another example is when a parent loses their job and, despite their attempts, cannot find a job with a similar income. In cases such as this, modification might also be appropriate. Our family law attorneys in Denver can discuss the negotiation and modification process with you and guide you every step of the way.
What happens if the paying parent fails to pay court-ordered child support?
If the paying parent fails to pay child support, they may face legal consequences such as wage garnishment or a contempt action. If the parent who receives child support files a contempt action against the paying parent and the court finds that the paying parent is in contempt of the court order, the paying parent would likely be ordered to pay the recipient parent’s attorneys fees in addition to the amount of child support owed, plus interest thereon.
Can both parents agree to no child support in Colorado?
In the state of Colorado, child support can’t be waived regardless of a mutual agreement between both parents. Child support is viewed as a right of the child. So, courts typically don’t allow parents to waive payment obligations.
However, there are exceptions to this general rule. For example, if the amount resulting from the child support guidelines is considered “de minimis”, or “ too small to be meaningful”, and the parties both attest that each is financially capable of supporting the child(ren) in their respective homes absent the de minimis support payment from one party to the other, the Court may consider entering a child support amount of “$0.00”.
The arrangements are decided by the court of law and subject to modification with the Colorado child support guidelines. Reach out to a lawyer in Denver for more information about laws regarding parental responsibility in your jurisdiction.
How is child support calculated?
Child Support in Colorado is calculated utilizing the guidelines set forth in C.R.S. §14-10-115. This method is called the “income shares” model. This model ensures the child receives the same financial support they would have received if both parents were still together.
The calculation includes determining each parent’s gross income, including wages, bonuses, commissions, rental income, and any other sources of income. It also includes a consideration for child care expenses, health insurance, and other special needs. Lastly, the number of overnights each parent has with the child(ren) per year is also determined. Overall, these calculations are legally binding.
What is the average child support payment in Colorado?
The average payment amount in Colorado differs based on a variety of factors, including the income of both parents, the number of children involved, and the custody arrangement. In Colorado, the percentage of income used can range from 20% for one child to 45% for five or more children.
It’s important to note that these percentages can be adjusted based on specific circumstances, such as medical expenses, educational needs, and child care costs. Consulting with child support attorneys in Colorado is the best way to determine whether payments are calculated accurately and fairly.
How Nexus Law Firm Can Help
Our child support practice covers a wide range of services, including:
Child Support Establishment
We assist clients in establishing a child support order, which includes determining the appropriate amount of support and the payment schedule.
Child Support Modification
We help clients seeking to modify an existing child support order due to a change in circumstances, such as a job loss or change in income and change in parenting time.
Child Support Enforcement
We assist clients seeking to enforce a child support order, including obtaining wage garnishments or other legal remedies to ensure child support payments are made.
Paternity Issues
We handle cases involving paternity disputes, which can affect child support and custody arrangements.
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