What Is Child Support?
Child support is a form of payment intended to support and meet the needs of the child(ren) if the parents are divorced, separated, or unmarried. Child support is for the child(ren) not the party receiving it. It is typically considered to be in the best interest of any child to have the financial support of both parents. Likewise, it is typically considered good public policy to require parents to effectively support their children to keep them from becoming wards of the state or otherwise. Child support is a separate issue from parenting time, and while the issues are related, there are many cases, where child support is ordered even if a parent has no contact with his/her child(ren).
Child support is designed to cover costs for the necessities, including food, clothing, and shelter.
Other expenses may still require contributions from the parents in addition to any child support paid, such as:
- Medical care
- Uninsured medical expenses
- Educational fees and school supply costs
- Childcare
- Transportation and travel
- Extracurricular activities
- College expenses
How Does Colorado Calculate Support Payments?
The Colorado Legislature outlines how child support is calculated in C.R.S. 14‐10‐115.
The support obligation is determined based on the incomes of the respective parents The amount of support is also affected by the number of overnight stays the child(ren) spends with the each parent. The support amount is also likely to be impacted by some extraordinary expenses and circumstances – childcare, medical insurance, uninsured medical expenses, other non-joint children, as well as others – and may be considered when determining the monthly support obligation.
In most cases, the amount of support calculated using these guidelines is considered appropriate unless one or both parents demonstrate a deviation. If the noncustodial parent’s gross monthly income is between $900 and $1,900, he or she may qualify for a low-income adjustment. The knowledgeable and skilled attorneys at KHM Attorneys at Law can help you determine what is fair based on the Colorado guidelines and will advocate for you based on your financial situation and the unique circumstances of your case.
What Financial Assets Do the Court Count as Income?
The answer to this question is not as straightforward as you may think. Colorado includes unearned income, such as certain disability and retirement payments as income. However, if you work overtime or a second job, you may not have to count that as income for calculating child support.
Speak with one of our top Colorado Springs family lawyers at KHM Law today to help you figure out what income to count toward your child support calculation.
Can I Modify Child Support Payments?
If you hope to modify your current child support, you will need to prove that a substantial and ongoing change of circumstances has occurred since the original order was issued. The change must result in a change of at least 10% from the current child support order. The following may be grounds for a modification:
- A change in your child’s medical or child care needs
- An illness or disability of the paying parent
- A substantial change in either parent’s income
- A change in the number of overnights the child(ren) spend with either parent child’s residence
What Are the Ways I Can Get the Paying Parent to Honor the Arrangement?
The first option is, through an enforcement action (either a motion for contempt or motion to enforce) filed by the Obligee (the parent who is owed the child support) against the Obligor (the party who owes the child support). The types of remedies and outcomes that can be requested from filing these types of motions range from (1) payment of the outstanding support owed plus interest at the statutory rate; (2) attorney’s fees for having had to go to court to get the enforcement; (3) fines; (4) possible jail time; and (5) any other orders deemed necessary or appropriate by the Court. However, the range of potential remedies differs between the different types of motions so, you should speak with a skilled attorney at KHM Law to figure out the best path forward for yourself and your children.
The second option is to seek help from the Child Support Enforcement Agency. Under the Child Support Enforcement Act of 1984 and the Child Support Recovery Act of 1992 (incorporated into Colorado Law through C.R.S. 26-13-103) provides a basis for enforcing third-party child support collection in accordance with the court order. The act provides that attorneys through the Department of Human Services, Child Support Services/Enforcement Division may work with the Obligee to pursue enforcement actions through the court for unpaid child support. Child Support Enforcement may also advise the offending party of the potential consequences that could arise should there be continued disregard and/or noncompliance with the court’s orders.
Those consequences may include:
- Withholding federal and state tax refunds
- Garnishing wages
- Seizing property
- Suspending an occupational license
- Suspending a business license
- Revoking the driver’s license
Regardless of the consequences imposed on the delinquent payer, the reality is that you have options if you are not receiving due child support. At KHM Law, our firm focuses on family law and can help you get any delinquent payments.
Do I Need a Lawyer to Help with Child Support?
While allstates have child support agencies designed to help parents establish and enforce child support. It may be in your best interest, to hire a knowledgeable private attorney at KHM Law. This is of concern if you are not only dealing with child support issues but also other problems involving your child and his or her parent. It’s important to keep in mind that while the federal and state mandated agencies can assist with support issues, these agencies cannot help with any other issues, such as child custody, (allocation of parental responsibilities as it is termed in Colorado).
What To Ask a Child Support Attorney in Colorado?
If you are considering hiring a child support lawyer, there are some important questions you should ask before making a decision.
Questions to ask a child support attorney include the following:
- How long have you been practicing law?
- How long have you been handling child support cases?
- What is your success rate in child support cases?
- Do you have experience with modifying child support orders?
- What are your fees for child support cases?
- Can you give me a brief overview of how child support works in Colorado?
- How do you think we can best resolve my unique situation?
- What are the next steps you recommend I take?
Asking these questions will help you narrow down your options and choose the lawyer that is right for you. Child support cases can be complex, so it is important to hire an experienced attorney who can give you the best possible chance of success. Contact us today to learn more about what we can do to help you.
Like any of the other legal concerns you may have about your children, child support can quickly become a complicated and even heated issue. Knowing your rights and working with an attorney who will keep your and your child’s needs in mind will help you ensure you get the support you need.
