Raising a child is a financial and emotional commitment, and ensuring that both parents contribute to their child’s well-being is a legal priority in Colorado. Unmarried parents in Fort Collins can seek child support to help provide for their children’s needs. However, understanding the legal process and parental rights can be complex without proper guidance.
If you are an unmarried parent seeking child support in Fort Collins, it is essential to understand your legal rights and obligations. This blog will discuss the key aspects of child support for unmarried parents in Colorado and provide insight into how to secure financial support for your child.
Do Unmarried Parents Have the Same Child Support Rights as Married Parents?
In Colorado, child support laws apply equally to married and unmarried parents. Regardless of marital status, both parents are legally obligated to support their child financially. When parents are unmarried, additional steps may be required to establish legal paternity before the court enforces child support obligations.
While married parents typically have child support arrangements determined during divorce proceedings, unmarried parents must go through a separate process to ensure financial support is in place.
Establishing Paternity in Colorado
Legal paternity must be established before an unmarried parent can seek child support in Fort Collins. In Colorado, paternity can be established in three primary ways:
- Voluntary Acknowledgment of Paternity (VAP): Both parents can sign an Acknowledgment of Paternity form, which legally establishes the father’s rights and responsibilities. This form is often signed at the hospital when the child is born.
- Court-Ordered Paternity Test: A court may order genetic testing to confirm biological parentage if the father disputes paternity.
- Administrative Paternity Determination: The Colorado Department of Human Services (CDHS) can establish paternity administratively if one parent requests child support services.
Once paternity is established, the court can issue child support orders to ensure the child receives adequate financial support.
How is Child Support Calculated in Colorado?
Colorado follows specific guidelines to determine child support obligations. The court considers multiple factors, including:
- Each parent’s gross income (including wages, bonuses, and self-employment earnings)
- The number of overnights each parent has with the child
- Childcare and healthcare expenses
- Educational costs and special needs
The Colorado Child Support Guidelines use a formula that considers these factors to calculate a fair and consistent support amount. The goal is to maintain the child’s standard of living and ensure both parents contribute equitably.
Can Child Support Be Requested Retroactively?
Child support is typically ordered in Colorado when a petition is filed in court. However, sometimes, a judge may order retroactive child support to cover costs incurred before the filing date. Retroactive payments may apply if the custodial parent can prove that the non-custodial parent was obligated to support the child but failed to do so.
Enforcing Child Support Orders in Fort Collins
Once a child support order is established, it must be followed. If a parent fails to make required payments, enforcement actions can be taken through the Colorado Child Support Services (CSS) program. Enforcement options include:
- Wage Garnishment: Child support can be deducted directly from the paying parent’s paycheck.
- Tax Refund Interception: The state can withhold tax refunds to cover unpaid child support.
- License Suspension: Driver’s, professional, and recreational licenses may be suspended for non-payment.
- Liens on Property: The court can place liens on real estate or other valuable assets.
- Contempt of Court: A parent who willfully refuses to pay child support may face legal penalties, including fines or jail time.
Can Child Support Orders Be Modified?
Child support orders are not permanent and can be modified if there is a significant change in circumstances. Common reasons for modification include:
- A substantial increase or decrease in either parent’s income
- Changes in parenting time or custody arrangements
- Increased healthcare or educational expenses for the child
To modify a child support order in Fort Collins, a parent must file a motion with the court and provide evidence supporting the requested change.
What if the Paying Parent Moves Out of State?
Child support obligations remain enforceable even if one parent moves out of Colorado. The Uniform Interstate Family Support Act (UIFSA) ensures that child support orders are recognized and enforced across state lines. The receiving parent can work with Colorado’s Child Support Services program to enforce payments from an out-of-state parent.
Rights of Custodial vs. Non-Custodial Parents
Both custodial and non-custodial parents have legal rights in child support matters:
- Custodial parents have the right to request child support and expect timely payments. They also have the right to seek enforcement if payments are not made.
- Non-custodial parents can request fair child support calculations and modify orders if financial circumstances change.
Parents must understand these rights to ensure a fair and enforceable child support arrangement.
How a Fort Collins Child Support Lawyer Can Help
Navigating child support laws can be overwhelming, especially when dealing with legal proceedings and financial disputes. A knowledgeable Fort Collins child support lawyer can help by:
- Assisting with paternity establishment
- Filing for child support or modifications
- Representing you in court proceedings
- Enforcing unpaid child support orders
An experienced attorney ensures your rights are protected while prioritizing your child’s best interests.
Contact a Fort Collins Child Support Lawyer
If you are an unmarried parent seeking child support in Fort Collins, Baker Law Group can help. Our legal team understands Colorado’s child support laws and is committed to advocating for you and your child’s best interests. Whether you need assistance establishing paternity, filing for support, or modifying an existing order, we are here to guide you through the legal process.
Contact Baker Law Group today to schedule a consultation with a Fort Collins child custody lawyer and take the next step in securing your child’s future.
