THE REPRESENTATION YOU NEED IN ORDER TO PROTECT YOUR FAMILY
Posted in Child Support on November 29, 2021
Child support is one of the most complicated areas of divorce law. If your case involves an out-of-state spouse or child relocation, child support can be even more difficult to navigate. Unfortunately, a child support order across state lines can increase the risk of unpaid support or late payments – taking away the money that you need for childcare. Learn more about this topic to understand what to do if your divorce or legal separation involves a child support arrangement split across multiple states.
The Uniform Interstate Family Support Act
According to a law known as the Uniform Interstate Family Support Act (UIFSA), one state can proceed with a lawsuit against a parent who lives in a different state if the first state can establish jurisdiction over the individual. In other words, the state must establish that it has the legal authority to make decisions that affect the out-of-state person. Only then can the state enforce or modify a child support order. All 50 states have some version of the UIFSA.
In Colorado, the UIFSA prevents a parent from avoiding a child support obligation by leaving the state of its original order. In other words, your ex-spouse cannot get out of paying child support by moving to a different state. If your original divorce or legal separation order was made in Colorado, for example, Colorado will still maintain jurisdiction over your out-of-state ex when it comes to enforcing a child support order.
Under the rules of the Uniform Interstate Family Support Act, Colorado can take action to penalize your out-of-state ex-spouse or use other remedies to resolve your family law issue, such as holding your ex in contempt, using wage garnishment, or making him or her pay interest on late child support payments. This is the case no matter where your ex-spouse moves.
Which State Has Jurisdiction of Your Child Support Agreement?
If you and your ex-spouse are both living in different states than you were when you got divorced or separated, it can be difficult to understand which state has jurisdiction over your court order. In general, either the parent or child must have established residency in a state to give that state jurisdiction over a child support matter. However, the courts of one state must also establish personal jurisdiction to proceed with a family law case. Personal jurisdiction means that a court has the power to make a decision regarding a party.
Obtaining personal jurisdiction over a nonresident of a state requires the nonresident to be served with a summons while in the State of Colorado, have lived in Colorado while supporting a child in the state or meet any other minimum required contacts with Colorado. Without personal jurisdiction, the Colorado court cannot hear the case. Even if Colorado lacks jurisdiction over a nonresident, however, the UIFSA still allows a party to file an action to collect unpaid child support in the state where the nonresident resides.
If the jurisdiction requirements are satisfied, the court in Colorado will have the power to enter a judgment against a party who lives out of state to modify a child support obligation or force the party to pay child support arrears (unpaid or late child support). Note that the court that gave the original family law order will maintain jurisdiction over the order – and any future child support issues that arise – until a parent relocates the child and registers the original order in that state, or if both parties consent to the change together in court.
What to Do if Your Ex-Spouse Fails to Make Child Support Payments
If your ex-spouse does not live in the same state that granted your original divorce decree, the first step in having him or her pay child support arrears is to understand which state has jurisdiction over your case. If you need assistance making this determination, contact an attorney in Fort Collins, Colorado at The Law Office of Stephen Vertucci, LLC for a case evaluation. Our child support lawyers can help you understand how child support works across state lines and how Colorado’s jurisdiction laws apply to your specific case. Call (970) 900-1800 today.
Posted in Child Support on November 29, 2021
A family law case in Colorado could become complicated and require the courts to intervene, especially if the couple does not get along or one spouse is being vindictive during or after a divorce. One tool that the courts may use to force a party to comply with the court order is placing the individual in contempt of court. This is a process that can result in penalties against the offender, as well as a solution to the filing party’s grievance, such as requiring the offender to pay child support arrears.
What Does it Mean to Be in Contempt of Court?
Contempt of court means that someone has intentionally disobeyed or violated a court order. In this scenario in a family law case, the party that is being harmed or wronged by the violation can file a Motion for Citation for Contempt of Court. If the courts find the offending party guilty of intentionally disobeying a court order, such as a child support obligation, that party may be ordered to take remedial action, such as paying child support arrears immediately. Failing to remedy the situation could lead to additional penalties, such as the payment of a fine and even jail time.
There are two different types of contempt of court: remedial and punitive. Remedial contempt of court aims to force a party to comply with an order that he or she has been ignoring or violating. This is the most common type during a family law proceeding. The purpose of punitive contempt of court, on the other hand, is to punish the party for noncompliance that is so egregious it offends the dignity of the court. Punitive contempt of court could result in fines or jail time (up to six months) for the offending party. Both types of contempt of court could arise during a child support proceeding in Colorado.
Mistakes During a Family Law Proceeding That Could Lead to Contempt of Court
Many parties are surprised to learn that there are serious legal consequences for failing to fulfill the requirements of a court order in a family law case in Colorado, such as a divorce or legal separation. However, the courts take their orders seriously in all areas of law. A party could be held in contempt of a family court for the following reasons:
- Defaulting on child support payments. The parent that has been ordered to pay child support failing to pay (defaulting on payments), continuously only paying a partial amount or paying late.
- Engaging in financial misconduct. Your spouse has attempted to harm you financially – such as by hiding assets, lying about his or her income to pay less in child support, or refusing to pay child support – during a divorce case.
- Failing to comply with a court order or parenting plan. Any action or omission that goes against a court order, such as failing to follow a child custody or visitation schedule.
- Violating a protective order. Breaching the terms of a protective order (restraining order), such as maintaining contact with your children after the courts have forbidden it.
Placing your spouse in contempt of court for noncompliance with a court order, including a child support requirement, can help you get the money or resolution that you and your children need after a divorce or legal separation in Colorado. If you need immediate financial assistance, however, an alternative such as wage garnishment may be better suited to your needs, as contempt can take a long time to lead to the recovery of funds owed to you by your ex-spouse.
What to Do if Your Ex Refuses to Obey a Child Support Order
If you are divorced or legally separated in Colorado but your ex-spouse is refusing to pay child support or engaging in another form of noncompliance with a court order, contact a Fort Collins family law attorney for a consultation as soon as possible. An attorney can help you protect yourself and your family from financial hardship connected to an ex-spouse’s refusal to pay child support. This includes assisting you with a Motion for Contempt of Court in Colorado, if applicable.
Posted in Child Support on September 17, 2021
Child support is a complicated area of divorce law for any family. If you qualify as a high-income family under state law, however, you are an exception to the general Colorado Child Support Guidelines and may need additional assistance in calculating each parent’s child support obligation. The best way to understand child support in your particular divorce case is by consulting with a child support attorney in Fort Collins.
The Basics of Colorado’s Child Support Guidelines
Colorado’s support guidelines are found in Colorado Revised Statute Section 14-10-115. This statute states that one or both parents will receive a duty for child support based on their respective incomes, the financial resources of the child, the needs of the parent with primary custody, the child’s physical and emotional condition, and the standard of living that the child would have enjoyed had the marriage not ended in divorce.
Out of this list, the two main factors used in calculating a child support obligation are the parents’ incomes and the number of children. The way that child support is calculated is confusing and can change from case to case. A judge has discretion over how much child support to order, in certain circumstances. However, the best interests of the child will always be made a priority above all other factors and considerations.
Calculating child support as a high-income family requires adding up both parents’ monthly income, then dividing the combined income by the number of children. Each parent will take on an amount of child support obligation based on the percentage by which he or she contributes to the combined monthly income. The costs of child care will be deducted from the parent who pays for this care. Finally, each parent will pay an amount proportional to their income and custody obligations.
Exceptions for High-Income Families
Child support is far from a simple matter in a divorce case in Colorado. Although the family law system gives parents the opportunity to create their own child support plan, the support obligation must be close to Colorado’s Child Support Guidelines. Otherwise, a judge may refuse to sign off on the arrangement. If the parents cannot agree to a child support amount, the issue will be determined by a judge, typically in accordance with the legal support guidelines.
If you and your spouse earn over $30,000 a month in total combined income, you are classified as high-income earners in Colorado. Being a high-income family will impact your child support calculation. A judge will have the choice to either apply the support guidelines as if your income was exactly $30,000 or to extrapolate above that. Extrapolation is relatively uncommon in the Colorado family courts. A judge is more likely to use the upper guideline limit ($30,000) as the maximum child support awarded.
In most cases involving high-income families, the higher-earning parent will make an argument to a judge as to why the top guideline amount should not be exceeded. If a judge decides to use $30,000 as the maximum, the support obligation will fall at $30,000, even if it should be more based on a higher income. If extrapolation above the maximum is authorized, a judge can use his or her discretion to determine the child support obligation. Note, however, that a judge cannot enter a child support order that is below what it would be with a $30,000 combined income without good reason.
Consult With a Child Custody Lawyer in Fort Collins, CO
If you have further questions about child support as a high-income family during a divorce case in Colorado, consult with an attorney in Fort Collins right away. Only an attorney can give you tailored legal advice specifically for your unique circumstances. Hiring an attorney to represent you during your divorce case could help you argue for the best child support outcome for you and your family.
Posted in Child Support on September 15, 2021
If you and your spouse share any children together, child support is something that you will need to consider when getting divorced. Child support is an amount granted to one spouse and paid for by the other spouse to financially support the children of a marriage after a divorce. Learning how child support is typically calculated in Colorado could help you and your family understand what to expect from a divorce settlement or court order.
Colorado Child Support Guidelines
The purpose of child support is to ensure that children receive adequate financial support from each parent with the goal of giving the child the same quality of life enjoyed before the divorce. Each state has jurisdiction over how it determines child support amounts. Furthermore, a judge may use his or her discretion to calculate child support in special circumstances.
According to Colorado Revised Statute Section 14-10-115, there are two essential factors for calculating this order: the income of both spouses and the number of children. Each parent’s child support obligation is initially calculated in proportion with their income. Then, adjustments are made for specific child care costs, including medical expenses and health insurance. Then, the parent who is paying for these costs will receive a credit against their financial child support obligation. This will result in the final child support order.
Keep in mind that you and your spouse will have the option of creating your own child support agreement before the matter goes to trial. However, the courts will always rule according to what is in the best interests of the child. If you and your spouse’s settlement agreement deviates too much from the state’s child support guidelines, a judge might not approve the proposed agreement.
How Much Will Your Child Support Obligation Be?
In most divorce cases in Colorado, the parent that does not have primary child custody must pay child support to the other parent. However, this might not be the case with a couple that equally shares parenting time or has disproportionate incomes. Whether you believe you will be the parent who is paying or receiving child support, use the state’s guidelines to estimate how much you or your ex-spouse might have to pay in child support. Take the following steps:
- Calculate you and your spouse’s combined income by adding together both of your monthly incomes. (e.g.: $4,000 from Spouse A+$6,000 from Spouse B=$10,000 combined income per month.
- Divide this number by the number of children shared between you and your spouse. This will be your starting support obligation number. (e.g.: $10,000/2 children=$5,000)
- Based on each parent’s individual income, calculate the percentage that each parent contributes to the combined income. (e.g.: Spouse A contributes to 40% of the combined income at $4,000 and Spouse B contributes 60%)
- Multiply this percentage by the starting support obligation for each parent. This is each parent’s individual obligation. (e.g.: Spouse A: 40%x$5,000=$2,000; Spouse B: 60%x$5,000=$3,000)\
- Deduct the expenses related to child care costs from the obligation amount. This amount will be credited to the spouse who pays for these costs. (e.g.: Spouse A’s obligation of $2,000-$500 in care costs=$1,500 remaining obligation)
- If the spouse with primary custody has any remaining support obligation, this will be subtracted from the other parent’s obligation. The remaining balance will be the final child support estimation. (Spouse B’s obligation of $3,000-Spouse A’s obligation of $1,500=$1,500)
This equation is not infallible and will not apply to each case. Colorado child support guidelines are complicated. For example, there are additional considerations for low-income and high-income parents. The rules may also change according to the parents’ unique situation and parenting plan. The best way to find out how much you or your ex-spouse may have to pay in child support in Colorado is by consulting with a divorce attorney in Fort Collins for a personalized case review.
Posted in Child Support on April 26, 2021
Child support is an important part of many divorce settlements in Colorado. Child support is a court order that requires the noncustodial parent to pay the custodial parent a certain amount each month for child care. If the noncustodial parent fails to fulfill a child support obligation, he or she falls into arrears. The custodial parent will then have the right to take legal action to obtain back (overdue) child support payments.
What Does Arrears Mean in Child Support?
Arrears is another word for debt. Child support arrears means the party responsible for paying child support has not done so for one or more payments. This results in the noncustodial parent owing a certain amount of unpaid child support to the custodial parent. Child support arrears may occur if one parent moves away or refuses to pay.
There are two types of child support arrears: assigned and unassigned. Assigned arrears means the child support payments that have gone unpaid will go to the state. The custodial parent has turned to public assistance for financial aid in the absence of child support and must pay the government back what was given if back payments are received. When the noncustodial parent pays off the debt, assigned arrears will go to the state for supporting the child financially.
Unassigned arrears are debts to be paid directly to the custodial parent. This will be the case if the custodial parent never received public assistance from the government. In this scenario, the custodial parent will be entitled to 100 percent of the unpaid child support.
What Can You Do If Your Ex Is in Child Support Arrears?
If your ex-spouse fails to meet his or her child support obligation in Colorado, you are entitled to back child support. This is an amount of child support owed to you by your ex-spouse for the missed payments. You can take legal action to force your ex-spouse to pay back child support, in most cases.
If your ex moved out of state and did not tell you where, your local child support enforcement agency may be able to locate him or her with identifying information such as the Social Security number and date of birth. Once located, the government can take steps to force your ex-spouse to pay what is owed in child support arrears.
For example, the government could garnish your ex-spouse’s wages for the amount owed in child support debt. Wage garnishment means the government automatically deducts a certain amount from the debtor’s bank account until the debt has been repaid. It may also be possible to garnish government payments for child support arrears, including tax refunds and coronavirus stimulus checks.
Can the Custodial Parent Forgive Child Support Arrears?
Yes. The custodial parent can submit a waiver that creates a court order that relieves the noncustodial parent from having to make back child support payments. This might be a viable option for a family if the custodial parent does not need the money to support the child, the couple has reunited or the couple works out their own agreement.
If the custodial parent does not forgive child support arrears, the child support debt will not disappear. Wage garnishment and other measures can force the noncustodial parent to pay back child support until the debt has been paid in full. It is not possible to file bankruptcy on child support arrears.
Do You Need a Child Support Lawyer?
If you are dealing with a child support arrears situation in Fort Collins, Colorado, contact an attorney for legal advice. You may need to hire a lawyer to help you file court documents against your ex-spouse for back child support or find another solution. A lawyer can explain your rights and help you and your family work through a complicated child support issue.
If you and your spouse share a child during a divorce, one of you may end up owing the other child support, depending on the custody and support arrangement. If you believe you will have to pay your ex-spouse child support after a divorce, it can help to understand how the courts in Colorado calculate child support amounts. Start by understanding what the courts consider income.
How Do the Courts Calculate Child Support in Colorado?
Child support is a legal decree ordering one parent to pay a certain amount to financially support a child after a divorce. In Colorado, the law holds that both parents should share financial responsibility for a child after a divorce. A judge may use a child support order to make each parent’s contribution to childcare equal – thus allowing the child of a divorce to maintain the standard of living he or she enjoyed during the marriage.
When determining a child support amount in a divorce case, a judge will analyze factors such as:
- Both parents’ gross incomes
- The financial resources of either parent
- The custody arrangement
- How much time each parent spends with the child
- The needs of the child (medical care, education, etc.)
- The financial resources of the child
- The child’s standard of living before the divorce
It is possible to avoid having a judge determine your child support amount if you and your ex-spouse can agree to an amount on your own. If you and your ex-spouse can agree to a parenting plan, including custody, visitation and child support orders, a judge will most likely sign off on the settlement agreement if it is in the best interests of the child. Otherwise, your case will go to court in Colorado for a judge to decide.
What Is Considered Income?
It is important to understand exactly what the law considers income when determining a child support award. Under Colorado Revised Statutes Section 14-10-115, a parent’s adjusted gross income refers to his or her gross income minus pre-existing child support and alimony obligations. Income can refer to more than just the wages you earn at your place of employment, however. Income can refer to:
- Tips and commissions
- Nonmonetary employment perks
- Severance pay
- Pension plan
- 401(k) account
- Trust or estate income
- Workers’ compensation benefits
- Unemployment benefits
- Veteran’s benefits
- Social Security benefits
- Gifts and prizes won
- Education grants
- Alimony from another ex-spouse
Income refers to your actual gross income if fully employed or your potential income if you are underemployed. If you try to intentionally avoid employment to diminish what you will owe your ex-spouse in child support, the courts in Colorado will impute income to you. It will estimate your child support payment obligation based on what you reasonably could be earning according to your work history, education and other factors. You must then meet your assigned child support obligation, even if it means getting a higher-paying job.
How to Report Your Income During a Divorce Case
You must list all sources of income on the financial disclosure form you submit to the courts at the beginning of your divorce case. You are obligated by law to fully disclose everything that constitutes a source of income under penalty of perjury. This means if you knowingly hide any source of income, no matter how small, you could face criminal charges and serious consequences.
If you are not sure whether the courts classify a certain type of earning as income, consult with a divorce attorney. A Fort Collins divorce lawyer can carefully review your case to help you identify what the courts consider income. Your lawyer can help you negotiate a child support agreement with your ex-spouse, decreasing your chances of going to court, or represent you at trial. Hiring a divorce lawyer to represent you can protect you from making critical errors, such as failing to disclose something the courts consider income.
Posted in Child Support on August 25, 2020
Child support is a court order requiring one spouse to pay the other for a child’s basic expenses after a divorce. Most divorces involving children end with one parent having to fulfill a child support order until the child turns 19 (or older with some exceptions). Child support payments are meant to cover certain expenses associated with raising a child.
Determining the Amount of Child Support Expenses
The amount you or your spouse will have to pay in child support depends on your specific situation. The courts will never force a parent to pay more than he or she can reasonably afford per month. The ultimate determining factor is what is in the child’s best interests. Colorado Revised Statute 14-10-115(b) gives basic guidelines for determining child support amounts. The courts will take both parents’ combined adjusted gross incomes, make adjustments per individual child based on special needs or childcare costs, and allocate an amount of child support by both parents based on custody.
Factors used to calculate a child support amount include each parent’s financial resources, the child’s financial resources, the child’s previous standard of living, the child’s educational needs and physical/emotional condition, and the financial needs of the noncustodial parent. The state statute ensures every child of divorce receives enough financial support from both parents. The goal is to give a child the same financial support he or she enjoyed before the divorce. In general, the parent who does not have primary custody of the child will owe child support.
What Types of Expenses Are Covered by Child Support?
One parent’s child support payments are meant to financially support a child who is in the other parent’s primary care. The custodial parent should use the money to pay for ordinary expenses related to childcare, such as food, shelter, clothing, education, travel and medical care. Child support could also pay for extraordinary expenses specific to the child.
Basic Child Support Expenses
The basic categories for which child support pays are food, clothing and housing. More specifically, these expenses can include the primary caregiver’s utility bills, rent, monthly grocery expenses, education, school supplies and lunches, daycare, medical and dental bills, allowances, transportation, clothes, and shoes.
Child support can also cover extraordinary expenses for a child if the parents list these expenses in the child support worksheet or agreement. These are things beyond the basic needs of a child, such as extracurricular activities, sports, special education, private schools, school trips, additional clothing, private tutoring and other expenses. You and your spouse should expressly agree on the extraordinary expenses that are reasonable for each child.
What Medical Costs Does Child Support Cover?
Child support should cover a child’s current and future medical needs including health insurance. This is a basic child support obligation. Medical care can include travel expenses, doctor’s appointments, specialists, therapies, surgeries, medications, medical devices, rehabilitation and emergency care. Examples include eyeglasses, braces, casts, and copays and deductibles. Child support could also help a parent pay for health insurance and medical expenses for the child.
What Happens If My Income Changes and I Cannot Follow My Child Support Order?
Child support order modifications are available for parents with a significant change in circumstance, such as income changes. To qualify for a modification, you must officially petition the courts for a reduction. Do not work out an arrangement privately with your ex-spouse, as this will not legally change your financial obligation. Your spouse could, at any time, force you to pay the missing amount from previous months. Instead, petition the courts with evidence demonstrating your change in circumstances, such as the loss of a job. The courts will review your child support order and may modify it accordingly.
Consult a Colorado Child Support Attorney
Child support is a complex part of a divorce case involving children in Colorado. For assistance working out a child support plan, obtaining a child support order, forcing your spouse to pay or modifying a child support agreement, contact a Colorado child support attorney. A lawyer can provide tailored legal advice and representation during a divorce case that could help you achieve your desired goals.
The coronavirus/COVID-19 pandemic has had far-reaching implications. It has affected most aspects of life…including marriage and divorce. Couples quarantining together have given rise to speculation of divorce rates increasing, while couples in the middle of divorces are wondering how the virus will affect their cases. Take a look at how the coronavirus has affected divorce for an idea of what to expect.
Is COVID-19 Leading to Higher Divorce Rates?
Several news reports from around the world have confirmed what many divorce lawyers have suspected: lockdowns, self-isolation and quarantine have strained marriages past the point of reconciliation for thousands of couples. One article from the New York Post quotes lawyers from NYC confirming an uptick in the number of divorce cases related to COVID-19, while another from Business Insider reports a spike in divorce cases filed in Xi’an, China upon the lift of its mandatory lockdown.
Divorce lawyers and relationship experts speculate that the rise in divorce petitions has a few different reasons. Couples that might normally have spent more time apart are now stuck with each other for weeks, leading to an increase in stress, frustration and fights. Co-parenting while the family is quarantined may also present new challenges or issues that parents may be unable to overcome. Some couples were already on the brink of divorce, only to have issues related to the coronavirus finally push them past the breaking point. Financial problems connected to job losses are also adding to marital stress and an increase in divorce rates.
How Has the Coronavirus Changed the Divorce Process?
On top of increasing the number of divorces, the coronavirus has also altered the legal process. Most courtrooms in Colorado have temporarily closed or significantly reduced the number of cases accepted, leading to longer wait times than usual for a couple to have a judge hear a divorce case. If your divorce requires a trial, you will most likely have to wait until your county lifts its social distancing requirements and the courts are back in regular session to complete your divorce case.
If you can work out a divorce settlement agreement with your spouse, however, it might be possible to get a divorce without going to court. Some courts have implemented technologies to allow couples to file documents electronically and attend court sessions via videoconferencing. Most divorce lawyers in Colorado are also offering telephone consultations, online document collection and e-signatures on legal documents to help initiate and/or complete divorce proceedings virtually. Many judges are ruling on petitions remotely to finalize them. Ask an attorney if it will be possible to file for divorce or continue a case you filed before COVID-19.
Can I Start Divorce Mediation Now?
The pandemic might have a significant impact on your divorce timeline depending on the circumstances. Many couples trying to divorce during the COVID-19 pandemic are receiving notices from their lawyers explaining that they will have to wait until the country lifts its social distancing regulations to file or continue a case. Others, however, are having good luck with telecommunications and virtual proceedings. Each case and county are unique. Call a lawyer in your county to find out if you and your spouse can start divorce mediation now.
How Will This Affect My Children?
The coronavirus might impact child custody by making it impossible or unsafe for co-parents to take turns with the kids according to their custody agreements. It might be necessary for you and your spouse to work out a temporary custody modification to accommodate social distancing or quarantine requirements. Make sure you do this with help from a lawyer rather than making a verbal agreement. The same is true if you need to modify a child support agreement. If you lost your job because of COVID-19 and can no longer pay child support, contact a lawyer to submit an official modification request. Working closely with a lawyer during this unprecedented and uncertain time can help you get trusted answers to your questions.
Posted in Child Support on March 11, 2020
Child support is a financial responsibility one parent may owe the other after divorce. One parent – typically the noncustodial one – may owe the other parent child support to keep the child’s quality of life the same after a divorce. Each state has unique child support laws and regulations. In Colorado, the courts will analyze each parent’s financial situation and the needs of the child to set an appropriate child support amount. If you and a new partner have another child, you may need to officially modify your child support agreement. The amount of the support order may decrease.
Recalculating Child Support After the Birth of Another Child
The courts in Colorado determine child support orders based on numerous factors. A judge will look at measures such as each parent’s income and the child’s needs to decide a fair amount to order one parent to pay. Parents may create their own support agreements before a judge will intervene, but if the agreement does not align with the state’s laws, the courts might not sign off. Most child support payments last until the child turns 19 or 21 if the child is still in high school. If the child has a disability and will never be fully independent, child support can last indefinitely.
The number of children between the spouses may also play a role in determining child custody. In general, more children to care for means a higher amount owed to the custodial parent. Although remarriage will not impact a child support order, a new child could. If you remarry or find a new partner and you two have a child, the addition of this child could decrease your child support responsibility to your ex-spouse. Since you will now be financially responsible for another child, the courts may see this as a qualifying reason to reduce the payment owed to your ex-spouse.
After remarriage, your new spouse will not be financially responsible for the children from your last marriage (with some exceptions). You will still have to keep up with your child support obligation even after you remarry. If you two have a child together, however, this could impact how much you have to pay your ex-spouse for the care of your other children. Now that you have a new child to provide for, the courts will take your new financial situation into consideration during a child support modification request.
How to Modify Your Child Support Order in Colorado
If you and your new spouse are expecting a child, discuss the related laws in Colorado with a child support attorney to see how it might affect what you are currently paying in child support. In most cases, a new child will qualify you for a modification of your support order. You may petition the courts in Colorado for a support modification after any changes in your financial status. This includes losing your job, changing careers, getting a demotion or promotion, or having another child.
Always go through the official legal process for modifying your support order. Do not modify your order through a verbal agreement with your ex-spouse. You will continue owing him or her the same amount on paper through your legally binding support order. In the future, should your ex-spouse choose to hold you responsible for the unpaid amount, he or she lawfully could – along with significant fines and penalties for late payments. Instead, request a support order modification through the courts in Colorado.
Fill out and submit the correct paperwork for modifying your order, along with the $105 filing fee. If you cannot afford this fee, submit a Motion to File Without Payment and Supporting Financial Affidavit. Indicate your reason for the modification request: the birth of another child with a new spouse. Note that under Colorado family law, the change in your financial situation must decrease the dollar amount owed by at least 10%. If your change in circumstance qualifies, a lawyer can help you fill out and file the appropriate paperwork to make the modification official.
Posted in Child Support on February 5, 2020
Challenges related to child custody and support are often some of the hardest to overcome during divorce cases in Colorado. Negotiating child support during a divorce takes a combination of understanding state laws and knowing what you can do to help. A divorce lawyer can walk you through how Colorado handles child support orders to better understand what to expect. If you need assistance in Colorado, ask our child support attorney in Fort Collins for help.
What Is the Purpose of Child Support?
Child support is for the child, not for the receiving spouse. In general, child support covers a child’s basic needs, including education, clothing, food and housing. However, it may also help a child enjoy a richer childhood by paying for extracurricular activities such as sports, camps or music lessons. The courts may award child support to one spouse if he or she has primary custody of the kids and not enough income to continue the same level of care. If the noncustodial spouse is the main breadwinner, for instance, he or she may owe the custodial spouse money in child support after the divorce.
You Get the First Say
The courts in Colorado will first allow you and your spouse to work out a child support agreement before intervening. If you and your child’s father or mother can work together to come up with a custody and support agreement you both accept, a judge will most likely sign off on whatever you decide, unless the judge does not believe your agreement follows the state’s guidelines or is in the best interest of the child.
If you have trouble communicating or negotiating with your ex-spouse, the best way to come to an agreement is through mediation. Mediation is a chance for you both to list your grievances and hear the counsel of an unbiased third party. The judge during mediation can help you come up with a child support amount and payment strategy that works for both of you to help you avoid going to trial. Here is a helpful checklist of things to bring to mediation. If your spouse refuses to offer child support or work with you, however, you may need to go to court.
The Courts Determine a Support Award
A child support matter will proceed to court in Colorado if you and your spouse fail to create an agreement during pre-trial negotiations. During a divorce trial, a judge will assess your family’s dynamic, both spouses’ incomes and many other factors to determine child custody and support. The main factor a judge will look at, however, is the child’s best interest. The goal of child support will be to maintain the child’s same standard of living after the divorce.
Colorado’s child support statutes aim to ensure all children of divorced couples continue to receive adequate financial and emotional support from both parents. The courts will determine how much the noncustodial parent must pay the other parent in child support based on a complex state equation plus factors such as each parent’s financial resources, the child’s standard of living before the divorce and the child’s needs. A child support order may include money for medical care, disability, education and health insurance.
Colorado’s child support equation combines both parents’ gross incomes, as well as any money from retirement plans and public assistance, and takes a percentage to use as child support. Colorado typically deducts 20% of both parents’ combined gross incomes for one child and an additional 10% for each subsequent child, then splits the amount between both parties according to numerous factors.
If both parents make $100,000 together, for instance, and have four kids, the courts would split $40,000 (40%) between the two parents to support the children. In general, the noncustodial parent will have to pay the custodial parent his or her portion.