THE REPRESENTATION YOU NEED IN ORDER TO PROTECT YOUR FAMILY
Fort Collins Child Support Attorney
If you are in the processes of a divorce or are unmarried and have split from the other parent of your child or children, you may be wondering how you will make certain that your kids will be able to have everything they need to thrive, even in the absence of a two-parent family.
Whether you are the custodial or the non-custodial parent, having a child support and child custody attorney to represent your needs and best interests is something to seriously consider. A Colorado child support attorney can help you navigate the system and make certain that as a custodial parent, you will be financially capable of providing your children with the life they deserve. Or, if you are the non-custodial parent, you want to ensure that the child support you are required to pay is in accordance with the law and is accurately based upon Colorado child support law. In either case, having a legal advocate who understands the system can help.
Colorado Law and the Determination of Child Support Payments
Colorado, like most of the rest of the United States, has laws in place aimed at ensuring that children of divorce don’t suffer from a loss in the standard of living they enjoyed when the family was intact. Divorcing parents, and parents who have never been married, are subject to the law. The State has created statutory guidelines that are used to calculate the amount that each parent is expected to contribute to the support of the children. Typically, the non-custodial parent will pay the support money to the custodial parent who is providing the children with food, clothing, shelter, medical care, schooling, activity expenses, and other needs.
How Child Support is Calculated in Colorado
There are many factors that go into the calculation the Court uses to determine child support. This includes each party’s gross monthly income which can include bonuses, commissions, income earned from self employment, rental income, capital gains, and many other sources, including overtime income in certain circumstances. Additionally, the Court will consider the amount a parent is paying for the children’s portion of the health insurance premiums, work or school related day care, and several other factors. These other factors can be included in the child support calculation in certain circumstances. They include:
- The child’s own financial resources, such as Social Security benefits, a trust fund or inheritance, a job or a lawsuit settlement.
- Any special needs a child may have.
- Any special needs of either parent.
- The standard of living the child or children would have enjoyed if the marriage had not ended.
- The educational requirements of each child.
- Any other special considerations that can be shown to be relevant.
The Child Support Order
Using State guidelines and considering any solution the parents have proposed, the judge will issue an order for child support, which will reflect childcare expenses, health insurance costs, medical expenses, and educational expenses. Once the court has issued a child support order, it remains in effect, unless modified by the court, until the child’s age of emancipation which can be the child 19th birthday or until they graduate high school, whichever occurs later. If a child has special needs or a disability, it is possible the Court can extend the obligation to provide child support beyond the child’s 19th birthday or date of graduation from high school.
Getting Legal Help
Whether you are the custodial parent who will need to receive of payments child support or the non-custodial parent who will be paying it, the process of obtaining a support order that is fair and sustainable while providing for the needs of your children can be extremely stressful. Having a skilled and compassionate family law attorney to represent your interests can remove a great deal of the stress and provide a buffer between you and your ex when disagreements arise and emotions run high. Your attorney can make a case with the court for special circumstances that affect your children’s need to receive a certain amount of child support, or if you are the non-custodial parent, your ability to pay child support, and will help negotiate an amount that is fair to all parties.
In Northern Colorado, you will find the help you need by calling the Law Office of Stephen Vertucci, LLC at 970.900.1800 and arranging for a consultation to discuss the options that might be available to you. If down the road your circumstances change, we will also be able to assist you in requesting a modification of your child support order from the court. Make the call today. You’ll rest easier knowing you have a lawyer who cares about your interests working for you.