09 Apr Child Support Lawyers Colorado Springs
Do you need child support?
The Child Support Lawyers Colorado Springs at Travis Law Group are familiar with child support laws and can help you through the process. We are experienced in advocating on behalf of our clients, and their children, for the child support that they are owed.
In Colorado, child support is governed by C.R.S. §14-10-115.
In determining the amount of support, the court shall consider all relevant factors, including:
- The financial resources of the child;
- The financial resources of the custodial parent;
- The standard of living the child would have enjoyed had the marriage not been dissolved;
- The physical and emotional condition of the child and his or her educational needs; and
- The financial resources and needs of the non-custodial parent.
Note: gross income does not include income from additional jobs that result in the employment of the obligor for more than forty hours per week or more than what would otherwise be considered full-time employment.
If a parent is voluntarily unemployed or underemployed, child support must be calculated based on a determination of potential income; except that a determination of potential income must not be made for a parent who is caring for a child under the age of twenty-four months.
Can you change a child support order?
Pursuant to C.R.S. §14-10-122, the Court may modify an existing child support order only upon a showing of changed circumstances so substantial and continuing as to make the terms unfair. However, a voluntary, or mutually agreed upon change of physical care occurs, the existing child support order will be modified or terminated as of the date when physical care was changed.
If you have children and need help getting child support, please contact us to discuss your options.
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FAQs:
At what age can a child decide which parent they want to live with?
Colorado does not have a set age requirement. Instead, the Court may consider the child’s wishes if the child is sufficiently mature enough to express reasoned and independent preferences regarding the parenting schedule.
Is there a preference for which parent is awarded custody?
Although not a requirement, Courts in Colorado typically prefer that parents share custody/parental responsibility. However, child endangerment, a party’s ability to meet the child(ren)’s needs, the interaction between the parties and the children’s family members, the child’s adjustment to their school and community, the mental and physical health of the parties, the ability of the parties to encourage a relationship with the other party, the past pattern of involvement with the child, and the ability to place the child’s needs ahead of their own are all factors considered by the Court when determining child custody/parental responsibility.
What makes an unfit parent in Colorado?
If a parent cannot fulfill the children’s needs, puts their own needs ahead of the children’s, or endangers the child’s physical and emotional wellbeing, the Court may consider that parent unfit. Examples include but are not limited to neglect, drug or alcohol abuse, domestic violence, sexual assault, and mental illness.
Where can you find the Colorado Child Support Guidelines?
The Colorado Child Support Guidelines are in section 14-10-115 of the Colorado Revised Statutes (C.R.S.). They are consistent with other provisions of that section that impose a child support obligation on either or both parents based on their respective financial resources, the child’s financial resources, the custodial parent’s needs, and the child’s needs.
In addition, the Guidelines apply equally to child support for each child (sole custody and joint custody) and child support for non-parents, such as stepparents and foster parents.
What are the typical child support issues?
The most common child support issues are:
a. Determining Child Support for a Divorce: When parties file for divorce, child support will be determined based on the factors contained in C.R.S. 14-10-115, along with the parenting schedule, the parties’ income, and health insurance credits, and childcare credits.
b. Determining Child Support for Non-Married Couples: Child support can still be allocated even if you were never married. The factors of C.R.S. 14-10-115 still apply the same.
c. Modification of Child Support, After the Divorce Proceedings, Have Been Completed.
What is child support orders?
Child support orders are generally categorized as:
a. Temporary child support–this type of child support order is temporary. It lasts only until the Final Orders Hearing is held and the Court makes a final determination of support. Quick Child support is useful when the parties have separated, but one party is not providing the other party with any support.
b. Final child support—This is the child support obligation determined at the Final Orders Hearing and cannot be modified unless there is an Order from the Court. This support continues until the child emancipates at age 19 unless otherwise ordered by the Court.
c. Alimony—This is another word for spousal maintenance. This is not considered child support and is paid to the other spouse.
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