You obviously want to support your children and give them the best life possible. But when it comes to how much a parent should pay in child support or alimony, you want to make sure that you reach an agreement that follows all state guidelines.
A child support lawyer like Michael Fayard can help resolve child support and alimony matters fairly and equitably. Working with a family law attorney can ensure financial stability and safety for your child in many circumstances.
No two child support cases are the same, and the amount you are ordered to pay by the court can vary. Above all, the court will act in what it believes is in the child’s best interest.
You could be ordered to temporarily pay alimony or child support during divorce proceedings, but final amounts and the duration of payments aren’t decided until the separation is finalized. Contrary to popular belief, men can receive spousal support and child support from female ex-partners.
Establishing parentage is an important part of how a court creates a child support order. When parents are married, the child’s parentage is established at birth. But if a child’s parents are unmarried, paternity must be established by signing an Acknowledge of Parentage form or genetic testing.
If parentage is not established, either parent can arrange for testing and may be required to reimburse the Colorado Child Support Services office for the test. If the alleged parent is proven to be a biological parent, an order of financial responsibility will be created requiring the parent to pay support. If the test results do not prove biological parentage, Colorado Child Support Offices will continue to work with the custodial party to establish parentage.
When deciding on child support, Colorado follows these state guidelines. The court will arrive at a calculation based on:
Alimony is calculated using a similar formula as outlined in C.R.S. 14-10-114, which considers the difference between the gross income of both parties involved and benefits the lower-earning spouse.
In some circumstances, yes. You can request to modify the amount you pay in child support if you have experienced a substantial change in your income, if the costs of raising the child have changed, or at least three years have passed since your order was last reviewed.
You can request a child support review through your local county child support office, and you must provide documentation proving the reason for your request and your income.
Michael represented a client that sought to have child support increased from her former husband that had a substantial increase in his income, which he hid from the court during the proceedings. He filed a motion of modification of child support and I was able to increase the client’s monthly child support by 60%. Case completed within one month of being retained.
Client had joint custody with her child’s father. Child’s father filed a custody action seeking emergency pick-up and change of custody by filing falsified UCCJEA affidavits and petitions in a court that was not the home state of the child. Michael filed a motion to dismiss based on lack of jurisdiction (subject matter and personal). Child’s father dismissed the case to avoid sanctions and attorney’s fees. Client retained full custody of her minor child.
Refusing to pay child support does not make it go away. If a parent withholds child support or fails to make payments, the state of Colorado can impose a number of penalties.
Outstanding child support balances will collect interest. If the parent ordered to pay child support misses payments or refuses to pay, they can be subject to wage and asset garnishment and be held in contempt of court. Talk with a child support lawyer to explore your options for child support enforcement and collecting back payments.
- Cliff T
Here are some common questions about paying child support in Denver:
Child support funds can only be used for expenses related to the child’s everyday needs, such as food, clothing, housing, education, transportation, and healthcare costs. Child support can also cover extracurricular expenses for the child’s club or organization membership costs and special events like summer camps.
No. Suppose you fail to make your child support payments in full and on time. In that case, you can face numerous legal and administrative penalties such as suspension of your driver’s license, loss of your tax refund, and negative impacts on your credit report.
Unless you can explain why you are behind on payments, you can be found in contempt of court and face up to 180 days in jail and/or fines.
Child support in Colorado ends when the child turns 19 or is emancipated, which can occur if the child gets married or enters active military duty before 19.
Child support is often a source of friction between former partners, and there are a lot of misconceptions about what’s required. You can avoid a lot of this strain by working with a child support lawyer who cares about your well-being and your child’s.
Family law attorney Michael Fayard knows what you’re dealing with and how to help. Let him use his considerable experience with divorce, child support, and alimony negotiations to your advantage and help achieve your desired outcome.