Colorado Child Support Lawyer

Child Support in Colorado

At Baker Law Group, we understand that navigating the complexities of child support can be challenging and emotionally taxing. Our experienced family law attorneys are dedicated to helping parents secure fair and just child support arrangements that serve the best interests of their children. This page will provide an overview of child support laws in Colorado, outline how support amounts are determined, explain modifications and enforcement, and offer practical advice for parents.

Understanding Child Support in Colorado

Child support is a financial obligation that parents must provide to ensure their child’s well-being. In Colorado, child support is intended to cover the child’s basic needs, including food, housing, clothing, education, and medical care. Both parents are legally required to contribute to these expenses, regardless of their marital status.

How Child Support Is Calculated in Colorado

In Colorado, child support is determined based on the Colorado Child Support Guidelines outlined in C.R.S. § 14-10-115. The guidelines aim to ensure that both parents contribute fairly to the financial well-being of their child. Several factors influence child support calculations, including:

• Parental Income – The combined gross income of both parents is a primary factor. This includes wages, salaries, bonuses, rental income, and self-employment earnings.
• Parenting Time Allocation – The amount of time each parent spends with the child can impact the final child support amount.
• Healthcare and Insurance Costs—The court considers expenses for the child’s medical, dental, and vision insurance.
• Childcare Expenses – If a parent incurs childcare costs related to employment or education, those expenses factor into the support calculation.
• Additional Expenses – Costs related to education, special needs, and extraordinary medical expenses may also influence child support obligations.

Colorado uses a child support calculator to estimate the payment amount, ensuring a fair distribution of financial responsibility. However, deviations from the standard formula may occur if a judge determines that strict adherence would be unfair or inappropriate. Consulting a Colorado child support lawyer can help ensure that support obligations are calculated accurately.

Determining Child Support Amounts

Colorado follows specific guidelines to calculate child support payments. The state uses the Income Shares Model, which estimates the amount of money parents would spend on their children if they were living together. This model considers both parents’ incomes and divides the financial responsibility proportionately.

1. Income Calculation: The first step in determining child support is calculating the gross income of both parents. This includes wages, salaries, bonuses, commissions, self-employment income, and other sources of income such as unemployment benefits or retirement income.
2. Adjustments to Income: Certain adjustments may be made to the parents’ gross incomes. These adjustments can include mandatory deductions such as taxes, mandatory retirement contributions, and other child support or alimony obligations.
3. Basic Support Obligation: Once the adjusted gross incomes are determined, the court uses a standard table to find the basic support obligation. This table considers the combined income of the parents and the number of children requiring support.
4. Proportional Division: The basic support obligation is divided between the parents based on their proportionate share of the combined income. For instance, if one parent earns 60% of the combined income, they would be responsible for 60% of the basic support obligation.
5. Additional Expenses: Child support calculations also account for additional expenses such as health insurance premiums, extraordinary medical costs, and childcare expenses necessary for a parent to work or attend school. These costs are typically divided between the parents in proportion to their incomes.

How Does Shared Custody Affect Child Support in Colorado?

In Colorado, shared custody (joint parental responsibility) can significantly impact child support calculations. Unlike sole custody arrangements, where one parent typically makes payments to the other, shared custody involves adjustments based on parenting time and income differences.

Key factors affecting child support in shared custody cases include:

• Percentage of Overnight Stays – If a parent has at least 93 overnights per year, the child support formula is adjusted to reflect the shared parenting time.
• Income Disparity Between Parents – Even with equal parenting time, a parent with significantly higher income may still be required to pay child support.
• Split Custody Arrangements – If each parent has primary custody of at least one child, the court will calculate separate obligations for each parent.

In some cases, parents can negotiate a customized support agreement, but it must comply with state law and be approved by the court. If you have questions about how shared custody affects child support, a Colorado child support attorney can provide legal guidance.

Modifying Child Support Orders

Child support orders are not set in stone. Life circumstances can change, and Colorado law allows for modifications to child support orders when there is a significant change in circumstances. Some common reasons for modification include:

• Changes in Income: If either parent’s income significantly increases or decreases, the child support order may need to be modified.
• Changes in Custody Arrangements: A significant change in the amount of time the child spends with each parent can impact the child support calculation.
• Changes in the Child’s Needs: If the child’s needs change due to health issues, education requirements, or other factors, a modification may be necessary.
• Cost of Living Adjustments: Over time, the cost of living can increase, necessitating adjustments to the support amount.

To modify a child support order, the requesting parent must file a motion with the court and provide evidence of the changed circumstances. The court will review the evidence and decide whether the modification is justified.

Enforcing Child Support Orders

Ensuring that child support payments are made on time and in full is crucial for the well-being of the child. Unfortunately, some parents fail to meet their child support obligations. Colorado law provides several mechanisms for enforcing child support orders:

• Income Withholding: The most common method of enforcement is income withholding, where the child support payments are automatically deducted from the paying parent’s wages.
• Contempt of Court: If a parent fails to pay child support, they can be held in contempt of court. This can result in fines, wage garnishment, or even jail time.
• Intercepting Tax Refunds: The state can intercept federal and state tax refunds to cover past-due child support.
• Liens on Property: The court can place a lien on the delinquent parent’s property, such as their home or car, to secure payment of child support arrears.
• Suspension of Licenses: The state can suspend various licenses, including driver’s licenses and professional licenses until the delinquent parent complies with the support order.

Practical Advice for Parents

Navigating child support can be complex, but there are several steps parents can take to manage the process effectively:

1. Keep Detailed Records: Maintain accurate records of all income, expenses, and child support payments. This documentation can be crucial if you need to request a modification or enforce an order.
2. Communicate Openly: Open and respectful communication between parents can help resolve issues more amicably. Try to work together to make decisions that are in the best interests of your child.
3. Understand Your Rights: Educate yourself about your legal rights and responsibilities regarding child support. Knowledge is power, and understanding the law can help you navigate the process more confidently.
4. Seek Legal Assistance: An experienced child support attorney can provide valuable guidance and representation. Legal counsel can help ensure that your child support order is fair and enforceable and can assist with modifications and enforcement if necessary.

Frequently Asked Questions About Colorado Child Support

Can child support be modified in Colorado?

Yes. Child support orders can be modified if there is a substantial and continuing change in financial circumstances, such as job loss, income changes, or increased expenses for the child. A parent must petition the court for modification and provide evidence supporting the request.

What if a parent refuses to pay child support?

The Colorado Child Support Services (CSS) agency can enforce the order through wage garnishments, tax refund interceptions, and driver’s license suspensions if a parent fails to pay child support. In extreme cases, the non-paying parent may face contempt of court charges.

Does child support cover college tuition in Colorado?

No. Child support obligations generally end when the child turns 19 (or 21 if the child is still in high school). However, parents may voluntarily agree to contribute to higher education costs in their parenting plan.

What happens if the paying parent moves out of state?

Child support orders are enforceable across state lines through the Uniform Interstate Family Support Act (UIFSA), ensuring that obligations continue even if a parent relocates.

Do stepparents have to pay child support?

No. In Colorado, stepparents are not legally obligated to pay child support unless they legally adopt the child.

How can a child support lawyer help?

A Colorado child support lawyer can assist with establishing, modifying, and enforcing child support orders. Whether you are seeking fair support payments or defending against an unfair claim, having legal representation can ensure your rights and financial interests are protected.

Why Choose Baker Law Group?

At Baker Law Group, we pride ourselves on our client-centered approach and our commitment to achieving the best possible outcomes for our clients. Here are some reasons why you should choose us for your child support needs:

• Experienced Attorneys: Our team of attorneys has years of experience in family law and child support cases. We understand the intricacies of Colorado’s child support laws and can navigate the legal system effectively on your behalf.
• Personalized Service: We take the time to understand your unique situation and tailor our legal strategies to meet your specific needs. Your case is our priority, and we are dedicated to providing personalized and attentive service.
• Strong Advocacy: We are strong advocates for our clients and their children. We will fight vigorously to ensure that your child receives the support they need and deserve.
• Transparent Communication: We believe in clear and open communication with our clients. We will keep you informed throughout the process and answer any questions you may have.

Navigating child support issues can be challenging, but you don’t have to do it alone. Let the experienced attorneys at Baker Law Group guide you through the process and help you achieve a fair and just resolution.

Call Our Colorado Child Support Attorney

If you need assistance with a child support matter, Baker Law Group is here to help. Our compassionate and knowledgeable attorneys have extensive experience handling child support cases in Colorado. Whether you are seeking to establish a new child support order, modify an existing order, or enforce a delinquent order, we are committed to providing you with the highest level of legal representation.