Colorado Child Support Lawyers

Child support orders can be much more complex than they initially seem. Child support continues to be one of the most contentious and emotionally taxing disputes families go through. The purpose of child support is to ensure all children receive the financial support they are entitled to from both parents. However, when parents cannot come to an arrangement or one parent does not want to uphold their financial obligations, obtaining a child support order may be in your best interests.

Fortunately, when you have our highly experienced Denver child support lawyers at Griffiths Law PC working for you, you can protect your child’s rights and ensure you are not taken advantage of if you are ordered to pay child support to your child’s other parent. Contact our office to request a confidential consultation today. When you do, our Denver divorce and family attorneys can discuss what your anticipated child support payments might be, how to protect yourself from money-motivated parents, and whether modifying your child support payments is possible in your case.

Child support is paid from one parent to another. In most cases, the non-custodial parent will pay child support to the custodial parent. This is because the children primarily reside with the custodial parent, and may have parenting time with the non-custodial parent. Therefore, the non-custodial parent will need to pay child support to cover their portion of the child’s necessary living expenses. 

Colorado law requires child support to be paid even if one parent does not have legal or physical custody of their child. Our firm is here to help if you need assistance obtaining a child support order that requires your child’s parent to pay child support. We are also prepared to represent individuals subject to child support orders and ensure your child support order is fair and reasonable given the specific circumstances of your case.

According to C.R.S. 14-10-115, child support can be paid by either parent. In most cases, non-custodial parents are required to pay child support whether they are the child’s mother or father. 

Typically, the amount of quality time and overnights each parent has determines how much monthly child support will be mandated as part of your child support order. Parents who exercise less parenting time or fewer overnights are more likely to be required to make child support payments. However, if there are considerable income disparities in your case, it is possible that custodial parents could provide child support to the non-custodial parent, even if they have significantly less parenting time. 

It is also worth noting that having a joint or 50/50 child custody arrangement does not mean child support will not be paid. Your child support lawyer will review the details of your case to determine whether you should be paying child support or requesting support from your child’s other parent.

Your child support attorneys will have an in-depth understanding of how Denver child support payments are calculated. The state of Colorado follows the Income Shares Model to determine how much child support should be paid. It takes into account how much money would have been spent on each child if the parents had continued sharing their lives. 

This figure is then divided between each parent based on their income and other factors. Your child support attorney will need to calculate your adjusted gross income and use Colorado’s Basic Child Support Worksheet to determine how much you will be expected to pay in child support each month over the years.

Factors Colorado Courts Consider When Determining Child Support Amounts

It is not only each parent’s income that determines how much child support should be paid. There are many other factors that the Denver Family Court system will take into account. Some of these factors could include:

• The custodial parent’s financial resources
• The non-custodial parent’s financial resources
• The child’s financial resources
• The child’s standard of living prior to the parent’s separation or divorce
• The child’s best interests, including their physical, educational, and emotional needs
• Both parent’s expenses
• Maintenance or alimony
• Childcare costs
• Potential income
• Pre-existing child support obligations

After your Denver child support lawyers figure out how much your child support payments will be each month, you should also discuss how long you will be expected to continue making these payments. In most cases, Colorado law requires child support payments to be made until the child reaches 19 years of age. 

Child support payments can also continue if a child is incapable of taking care of themselves due to a mental incapacity or disability. In cases like these, your child support order may also include other necessary expenses, including health insurance coverage, travel, expenses, childcare costs, and more.

When you already have an existing child support order but there has been a significant change in your circumstances, you may be able to request a modification. Your Denver child support lawyer can file a motion to modify child support under C.R.S. 14-10-122 when there has been any continuing or substantial change that makes it difficult or impossible for you to continue making your payments as required. 

You might also be able to request a modification to your child support order if there have been significant changes to your parenting plan schedule. If you are spending more overnights and quality time with your children, you could qualify for a child support modification. If you hope to modify your child support order, it is important to do so in a timely manner, as it could be months before your case is heard at trial or otherwise settled outside of court.

Even with an existing child support order, that does not necessarily mean the parent required to pay support will do so. Our skilled Denver child support attorneys are prepared to help you take action and request Child Support Enforcement step in.

A Verified Entry of Support Judgment

A Verified Entry of Support Judgment can be filed in an attempt to get a monetary judgment against the parent required to pay child support. Missed payments will start accruing monthly compound interest at a 12% annual rate. The child support arrears can only be converted to a Verified Entry of Support Judgment when filed with the court.

Wage Garnishment

If a parent owes back child support and continues to miss payments, the court system can issue wage garnishment. Here, child support payments will be taken directly out of the payer’s income through the family support registry. In many cases, wage assignments, also known as Income Withholding Orders, can be issued without having to file a motion with the Denver Family Courts.

Interest 

It may surprise you to learn that you may be entitled to interest on missed child support payments. Your Denver child support attorney will complete an in-depth interest calculation. Investment and bank accounts and other assets can be frozen and released to you at a rate of up to 65% of the paying parent’s disposable income.

Enforcement Actions if a Parent Is Not Working

Sometimes, parents will refuse to work specifically to avoid making child support payments. Other parents required to pay child support may have no assets or suffer from substance abuse which makes it difficult or impossible for them to meet their child support obligations. If a parent fails to make all efforts to pay child support or intentionally avoids making child support payments, Denver Family Courts are more likely to find them in contempt. If the paying parent is found in contempt of a child support motion, they could spend up to 180 days in jail.

Enforcement Actions for Out-of-State Parents Refusing to Pay

Just because a paying parent lives out of state does not mean they are not financially responsible for supporting their child. Income and assets may be more difficult to access due to Colorado jurisdiction issues. However, out-of-state parents can be found in contempt of court and face legal action in their home state if your child support attorney advises you to register your child support case in that state to obtain additional enforcement actions.

Who Handles Child Support Enforcement in Denver, CO?

In Colorado, each county has a Child Support Enforcement Unit (CSEU). The CSEU can help seize income tax refunds, get driver’s licenses and professional licenses suspended, track down places of employment, and take other enforcement actions when a parent gets behind on child support payments. Having your child support attorney take enforcement action may be preferred to relying upon the CSEU alone, as the CSEU may be more likely to accept a lesser repayment, and will not calculate interest.

Colorado child support laws can be confusing. It is also one of the most common things parents disagree about when it comes to child custody, divorce, and other family law matters. We want you to feel confident as you protect your child’s rights. For this reason, we have answered some of the most frequently asked questions about Denver child support laws below. If you have additional concerns we did not cover here, we can discuss them further during your initial consultation.

Will I Have to Pay Child Support if I Have 50/50 Custody in Colorado?

Even if you and your child’s other parent have entered a 50/50 custody arrangement, one parent is likely to be required to pay child support to the other. The amount of overnights you spend with your child will determine custody percentages. This custody percentage is what will be used to determine whether child support payments are applicable in your case, and if so, the calculated monthly payment.

Can I Monitor How My Child Support Payments Are Being Spent? 

No. Parents are not legally required to prove how child support payments are spent under Colorado law. Child support is designed to cover a child’s necessary expenses, including clothing, shelter, food, and other living costs that the custodial parent, or the parent, receiving child support, covers.

If I Pay Child Support Do I Also Need to Cover My Child’s Extra Expenses? 

Many unnecessary expenses, including tuition, auto insurance, extracurricular activities, and other extraordinary costs are not considered part of your child support arrangement. This means you are under no legal obligation to cover these costs. However, you also have the right to cover any extracurricular or extraordinary expenses at your discretion, beyond your child support payments.

No matter what your child custody arrangement is, both parents are legally obligated to financially support their children. When they fail to do so, a child support order can help hold them accountable. However, if you are ordered to pay child support, working with an experienced child support attorney at Griffiths Law PC may be the best way to ensure you are not paying more than you are legally responsible for. 

Reducing contention and keeping emotions under control is an integral part of any successful child custody arrangement. When you need help getting a child support order implemented, or if you have an existing child support order that needs modifying, look no further than our top-rated Denver child support attorneys at Griffiths Law PC. Schedule your confidential consultation as soon as today. You can reach us through our secured contact form or by phone to get started.