In most cases, the remarriage of either parent does not affect child support in Colorado. A parent’s remarriage is not a statutory reason to modify a child support obligation because a new spouse’s income is not considered when calculating child support from a previous relationship.
There are few circumstances where remarriage may affect child support in Colorado. These are discussed below.
To determine if remarriage impacts your child support obligation, speak with an experienced Boulder child support attorney in Colorado.
When Could Remarriage Affect Child Support in Colorado?
A Significant Change in Parental Income
If a remarriage results in a significant increase or decrease in parental income, the court may consider a child support modification. A new spouse’s income, along with a rise or fall in financial status, is not grounds for a child support modification.
The parent’s income must change.
Adoption of Supported Children by a New Spouse
If a parent’s new spouse adopts the children from a previous relationship, then the new spouse accepts financial responsibility for those children. The former spouse or partner is released from any monthly child support obligation upon termination of their parental rights.
The former spouse must agree to the adoption. Once the adoption is finalized, the new spouse is legally and financially bound to the children.
A Parental Opt-Out
A parent who remarries may opt out of monthly support payments from their previous partner. This requires action from the court.
Parents opting out of support payments must reinstate monthly child support payments through the court.
How Does Having Additional Children Affect Child Support in Colorado?
Having additional children upon remarriage does not affect a child support obligation in Colorado. Acquiring an additional child support order is considered by the court when calculating a parent’s monthly obligation.
The court may deduct the first support order amount from a parent’s monthly income before calculating a monthly obligation for the second order. This will ensure both children are adequately supported.
When is Child Support Modifiable in Colorado?
Child support is modifiable in Colorado upon a showing of a significant and permanent change in either parent’s financial circumstances. An income change must be permanent for the court to consider a support modification. A temporary income fluctuation will not suffice.
A parent must file a motion with the court to modify a support obligation and provide evidence at a hearing to support their position. An experienced child support attorney can handle all the legal aspects of a child support modification and advise you if your request meets court approval.
Contact an Experienced Boulder Child Support Attorney Today
Discuss your child support concerns with an experienced Boulder child support attorney at Stahly Mehrtens Miner LLC today. We practice only family law and are focused on meeting life’s challenges head-on.
Stahly Mehrtens Miner LLC is well-versed in all forms of alternative dispute resolution but will take your case to court when necessary. We can help you navigate the child support process and remove your legal burdens.
Get the legal help you need now. Call Stahly Mehrtens Miner LLC – (303) 797-2900.