We Will Negotiate For Fair Child Support Payments
How will you and your soon-to-be ex-spouse share the costs of feeding, clothing, and housing your children? How will this arrangement be forged and under what circumstances can it be changed? Perhaps most critically, what do you need to do to ensure a fair outcome?
In Colorado, child support can be ordered before the conclusion of a dissolution of a marriage, and the enforcement order issued at that time is just as enforceable as one awarded when your divorce is final. Therefore, it’s important to learn about child support issues before the divorce proceedings begin.
Under Colorado law, both parents are financially responsible for their children. However, child support – the money one parent may be required to give to another for the care of a child – is determined by the number of overnights a child spends in a parent’s home, each parent’s income, other child care costs, which parent is paying health insurance for the children (and how much this cost is), and other factors. Courts must consider specific guidelines to determine this support.
Child support is included in the court-required parenting plan, but the financial determinations are separate from the division of other parenting responsibilities or time spent with children.
How Courts Make Child Support Decisions
In addition to sources of income, educational or daycare costs, courts may consider the following:
- Any additional financial resources of the custodial parent
- Any financial resources of the child
- The child’s current standard of living (during the time of the marriage)
- The physical and emotional well-being of the child
- The financial needs of the non-custodial parent
How Much Will Child Support Payments Be?
Colorado child support is based on a formula in most cases. There are certain situations where the formula may not be applicable. It is important to discuss these nuances with an attorney because navigating the child support statutes is very complicated.
What Happens After A Child Support Determination?
Once a determination for support is made and the amount is set, the order will be entered into the court system. Payments are not always made directly to the other spouse but are usually made into the Family Support Registry. Payments are recorded by time and date of receipt and then forwarded to the receiving parent. The advantage to this is that if there is ever a future dispute about whether a payment is made and received, the Family Support Registry keeps track of that information, a lot of times after bank statements may not be readily available.
Modifying An Existing Order
Child support usually continues until a child is 19 years old (although for disabled children and/or other special circumstances, it can continue beyond the age of 19). Therefore, even after initial determinations have been made, child support requirements may need to be adjusted over time due to job changes, educational or health needs, or even a move if it requires one or both parties to leave the state. Only a judge can modify a child support order, although the parents can agree to modify child support or they can let a Court determine the correct child support amount.
Call Our Colorado Child Support Attorneys Today
Child support can be essential so that your child can stay healthy and secure. We will evaluate your financial situation, the other parent’s financial situation, your child’s needs, and determine what fair payments look like. Our Colorado family law attorneys are ready to sit down with you, listen to your concerns, and put a plan into place. Call (303) 797-2900 or use our contact form to request an appointment.