Child Support - Negotiating Child Support In Colorado
Child support is the financial responsibility each parent has to help rear a child until the child is considered an adult. Child support is considered a right for each child by Colorado law. Regardless of the physical custody of the child, each parent is obligated to care for the child financially. Don’t let your child go without, let me help negotiate child support terms that are in the best interest of your child.
The Law Offices of Kelli J. Malcolm is dedicated to protecting the children of Arapahoe and Douglas Counties. If you are facing child support challenges or navigating a divorce where children are involved, give me a call today. You will have a compassionate person on the other side.
Negotiating child support is much more complex than simply determining how much each parent owes the other. Child support is for the child and some of the things I can help negotiate include:
- The child’s financial needs
- Child support agreements
- Child support modifications
- Special financial support — school medical care, orthodontia
- Friction between parents
It is important to understand each of these factors and the impact they will have on determining child support in order to serve the best interest of the child and ensure they are well cared for.
Obligation to Children
OBLIGATION TO CHILDREN, REGARDLESS OF RELATIONSHIP TO THE OTHER PARENT
Regardless of the relationship or legal status of parent’s status, they each share a financial obligation to support the basic needs of their child. Judges in the Colorado family law court system will rule in favor of the child’s best interest, taking into account health, safety, and emotional and developmental needs.
Child support is one of the most common topics for family law trials in Colorado. Colorado state law includes guidelines for child custody and child support for children whose parents are married, unmarried, separated, or divorced. When children are the topic of the lawsuit, matters are much more intense and heated. All cases seek to determine the child’s best interest, not necessarily the wishes of each individual parent. In Colorado, the law seeks to have a voice that the child cannot.
Child support in Colorado is determined using calculations that are based on the gross income of both parents, custody terms, and the financial needs of the child(ren). The amount of child support obligation can vary based on how many nights the child spends with each parent, how much income each parent contributes to the child’s daily life, as well as the needs of the child. Child support is meant to help pay for basic needs including clothing, food, shelter, child care, and education. The financial obligation may also be based on the recreational and academic needs of the child, including living a richer, fuller life, including extracurricular activities, sports camps, music lessons, and enrichment tools.
Adjustments To Child Support Payments In Colorado
Adjustments to final child support orders may be granted in certain circumstances. Examples of these circumstances include change in health or employment by either parent or change in custody status. Things that do not influence your child support obligation include quitting your job, or remarriage. Modifications to the monthly amount of child support paid may be made based on the changes in need of the child. For instance, when a child stops going to daycare and attends school instead, the monthly financial requirement is reduced. Additionally, when children move out of the primary custodian’s house, or custody of the child changes, modifications to child support may be necessary.
Child Support And Divorce
In any divorce case where children are involved, child support and child custody will be secondary cases. During divorce proceedings, temporary orders for both child custody and child support may be awarded to provide for the child during the divorce. However, the terms in the temporary orders may not be the same as what is awarded in the final divorce hearing. It is not typical that child support will not be awarded in some amount. In Colorado family law courts in matters of child support and divorce, even when both parents deny the need for child support, child support will still be calculated and likely awarded.
At the Law Offices of Kelli J. Malcolm, I fight to find the best solutions for families and the children caught in the middle. With your child’s best interest at heart, I will seek the best outcomes to finance your child’s life. If you are caught in a legal battle for child custody or child support, whether as part of a divorce hearing or not, contact Kelli J. Malcolm for the full range of family law support. Call to schedule your consultation today.
Colorado Child Support FAQ
- Can parents agree to waive child support?
- No, Colorado family courts do not allow parents to waive child support obligations because the money owed is not to the other parent, but to meet the needs of the child.
- What is the deadbeat parents punishment act
- The Deadbeat Parents Punishment Act of 1998 prescribes criminal penalties, including but not limited to restitution, for failure to pay child support. Colorado is one of the states that veered away from this approach when this federal law was enacted and instead developed other approaches in order to collect past due child support.
- Is there a statute of limitations on child support?
- There is no limit on child support enforcement or back payment (arrears) of child support in Colorado. Arrears may be reduced by a court judgement.
- Can visitation be withheld if child support is not paid?
- No. Child support payment or lack thereof is completely independent of a parent’s right to see their child.