Colorado Springs Child Support Lawyer 

How Much Is Child Support in Colorado?

The amount of child support a parent will pay in Colorado depends on the specific circumstances of each case. The calculation primarily depends on both parents' combined gross income, the number of children requiring support, and the amount of time each parent spends with the child. 

In Colorado, divorcing parents and parents who are establishing support orders following a separation are required by law to divide their children’s expenses in proportion to their incomes. Generally, there are two categories of expenses to which this proportion applies: basic and extraordinary. 

• Basic expenses include things like housing, food, and clothing. It may also include costs associated with transportation, school lunches, ordinary medical and dental expenses, allowances, and any other customary expenses identified by the parents.
• Extraordinary expenses are those beyond the basic. They are set by the parents (usually in explicit terms in a Separation Agreement and Parenting Plan), and may include likes like school supplies, additional school clothing, lessons, special clothing or equipment, organization fees and costs. 

Our attorneys can help you understand what your financial obligations may be under Colorado law and work to ensure that the calculation is fair and accurate.

How Does Colorado Calculate Child Support Payments?

How child support is calculated depends on the types of expenses. For example:

• For Basic Expenses, child support is calculated using a formula set forth by the state's Schedule of Basic Child Support Obligations. While the amount is dictated by this schedule, parents can choose which expenses should be included in this amount. Extraordinary expenses are not included in this Schedule.
• For Extraordinary Expenses, parents have options for handling these costs. For example, they may agree to pay for such expenses as they arise or may choose to estimate the expenses to arrive at a monthly average that is added to the basic support obligation. When parents add a monthly amount for extraordinary expenses to the child support worksheet, the expense is a fixed amount that is shared proportionally in accordance with each parent’s incomes, and generally easier to enforce. When such expenses are not listed on a worksheet, they can be shared in any manner agreed upon by the parents, which does require an ability to regularly communicate and is not as easy to enforcement.

What Do the Courts Consider in Child Support Cases?

Colorado courts consider several important factors when determining child support obligations. These factors are designed to ensure that the child’s needs are met, even when parents are no longer together. Here are the key considerations:

1. Parental Income: Both parents' gross income, including wages, bonuses, rental income, and other sources, is a primary factor in calculating child support. The court looks at the total financial resources available to support the child.
2. Parenting Time & Custody Arrangements: The amount of time each parent spends with the child, particularly overnight visits, can impact the support calculation. The more time a parent spends with the child, the more financial responsibility they directly bear, which can reduce their child support obligation.
3. Child’s Basic and Special Needs: Courts assess the child’s financial needs, covering essentials like housing, food, education, and medical care. If the child has special needs or requires extraordinary expenses, such as medical treatments or specialized education, these are factored into the support amount.
4. Health Insurance and Childcare Costs: Courts consider which parent provides health insurance and any out-of-pocket medical expenses for the child. Childcare costs, such as daycare or after-school programs, are also factored into the child support calculation and are typically shared between parents in proportion to their incomes.
5. Other Children & Existing Obligations: If either parent is responsible for supporting other children from a different relationship, pre-existing child support obligations may be deducted from their gross income. This ensures that all of the parent’s children receive fair financial support.
6. Parental Employment & Earning Capacity: The court evaluates each parent’s employment status and earning potential. If a parent is unemployed or underemployed, the court may impute income based on their potential to earn, ensuring that both parents contribute fairly to the child's needs.

By considering these factors, Colorado courts strive to ensure that child support orders are fair, equitable, and aligned with the best interests of the child. At The Harris Law Firm, our Colorado Springs child support attorneys are here to guide you through the child support process, advocating for a fair outcome that meets your child’s needs.

Can I Modify Child Support Payments?

In Colorado, child support obligations can be modified. Such modifications are generally sought through the filing of a motion by either the paying parent or the recipient parent. In either case, the party seeking a modification must prove a change in circumstances. 

Changing circumstances that may qualify for a child support modification include:

• Job loss / sudden loss of income
• Increase in child-rearing costs
• Refusals to pay child support
• Changed in parenting time

Colorado courts prioritize the needs and best interests of children. And while the courts scrutinize all requests to modify existing child support agreements, they also recognize that circumstances change and that new orders may be needed to reflect such changes.

At The Harris Law Firm, our attorneys can evaluate your options for modifying an existing child support agreement and walk you step by step through the process of requesting a change.

Do I Need a Lawyer to Help with Child Support?

While it is not legally required to have a lawyer to handle child support matters, having skilled legal representation can make a significant difference in ensuring a fair outcome. Child support issues are deeply intertwined with the best interests of children, and they have ample potential for complexity, especially when they involve disputes over income, parenting time, or modifications. A knowledgeable family law attorney can help you navigate these challenges, protect your rights, and ensure that your child’s best interests are prioritized. 

At The Harris Law Firm, we recognize that many people have concerns about their ability to pay for legal representation or whether they truly need counsel. To help offer more choices to people with important legal matters like those involving child support, our team is proud to offer legal services that prioritize cost-efficiency. Some of the options we make available include: 

• Traditional representation from an attorney
• Mediation services
• Unbundled legal services provided through our LawYourWay℠ program
• Representation from a Licensed Legal Paraprofessional, who is licensed by the State of Colorado to represent litigants in child support, divorce, and other family law matters

If you have questions about our services and what options may be best for you, give us a call to speak with a member of our team. 

Colorado Child Support Guidelines 

The Colorado Child Support Guidelines provide the framework for determining the amount of child support a parent should pay. These guidelines are based on the principle that both parents should share the responsibility of financially supporting their children. The guidelines take into account both parents' income, the number of children, and other factors such as medical expenses and childcare costs. Our attorneys can help you understand how the guidelines apply to your specific case and ensure that the calculation is accurate.

What Age Do You Stop Paying Child Support in Colorado?

In Colorado, child support typically continues until the child turns 19 years old. However, there are exceptions. For example: 

• If the child is still in high school when they turn 19, support may continue until the end of the month following their graduation, but not beyond age 21. 
• If the child has a disability that requires continued support, payments may extend beyond the typical cutoff. 

In Colorado, the law also outlines various situations for when child support payments can be terminated before a child reaches the age of 19. Some examples include:

1. Emancipation of the Child: If the child becomes legally emancipated before turning 19, child support may be terminated. Emancipation can occur if the child marries, joins the military, or becomes financially independent.
2. Child Passes Away: If the child passes away before reaching the age of 19, child support obligations would cease.
3. Adoption by Another Party: If the child is adopted by a third party, such as a stepparent, and the adoption is finalized, the biological parent’s child support obligation may be terminated.
4. Court Order for Early Termination: A court may order the termination of child support if there are specific circumstances that justify ending the support obligations before the child turns 19.

Frequently Asked Questions About Child Support

What are the consequences of not paying child support in Colorado?

Failure to pay child support in Colorado can result in serious legal consequences. Non-payment can lead to wage garnishment, seizing of tax refunds, driver's license suspension, and being held in contempt of court. These measures are put in place to ensure that the child's financial needs are met consistently, as reliable financial support is crucial for the child's well-being and development. It's essential for parents to communicate with the court or seek legal counsel if they're facing difficulties in meeting their child support obligations. Ignoring these obligations or failing to rectify overdue payments can exacerbate the situation, leading to more severe penalties or enforcement actions.

How do I calculate child support if I am self-employed?

Calculating child support as a self-employed parent in Colorado involves determining your total gross income, much like a salaried individual. However, self-employed parents may need to make adjustments for business expenses to reach their net income. The state's formula takes into account this adjusted gross income to determine the proportionate share of the financial responsibilities. It’s advisable to maintain clear and consistent records of all income and expenses to ensure accuracy in calculations. Consulting with an attorney can also provide clarity on how best to present your financial situation to the court in line with Colorado's legal requirements.

Can child support orders be enforced across state lines?

Yes, child support orders can be enforced across state lines, thanks to the Uniform Interstate Family Support Act (UIFSA). This ensures that a child support order established in one state can be enforced in another, providing continuity of support for children, even if a parent moves out of state. The act streamlines procedures and allows states to work cooperatively in enforcing orders and collecting payments. This legislative tool underscores the importance of providing financial stability for children no matter their parent's location, ensuring that non-compliance due to geographical relocations is addressed efficiently.

What steps should I take if I cannot pay child support?

If you find yourself unable to pay child support, it's crucial to act promptly. Contacting the court to request a modification due to changed circumstances—such as job loss or significant income reduction—is essential. Provide documentation to support your claims, including unemployment benefits information or pay stubs. It's also helpful to notify the other parent of your situation, fulfilling any possible informal arrangements until a new court order is issued. Additionally, consulting with a family law attorney can help navigate the modification process, ensuring you understand your rights and obligations while seeking a feasible resolution.

Contact Our Child Support Attorneys in Colorado Springs Today

The Harris Law Firm is a nationally recognized divorce and family law practice that’s been trusted by countless clients and colleagues across the state. If you have questions about a child support or any other family law-related issue, our award-winning team is available to help.

Our Colorado Springs child support lawyers offer confidential consultations to help prospective clients learn more about us, our services, and how we can help with their cases. Call (719) 417-5779 or contact us online to request yours.