Holiday Travel With Kids: What Divorced Parents Need to Know

The holiday season is one of the most exciting—and most stressful—times of the year for divorced or separated parents. Between school breaks, family gatherings, and out-of-state travel, navigating travel plans with children can quickly become complicated. Whether you’re planning a ski trip to the mountains or visiting relatives across the country, understanding your rights and responsibilities is essential.

As a family law firm dedicated to supporting Colorado parents, Divorce Matters helps families prepare for a smooth and conflict-free holiday season.

Check Your Parenting Plan First

Before booking flights or mapping out a road trip, review your court-approved parenting plan. Many Colorado parenting plans include specific language about:

  • Holiday rotations
  • Travel restrictions
  • Required notice for out-of-state trips
  • Passport arrangements (for international travel)

If your agreement specifies who gets the children for Christmas or New Year’s, these terms override normal weekly parenting schedules. Ignoring these provisions can cause disputes—or even lead to legal consequences.

If your plan is vague about holiday travel, Divorce Matters can help you update or clarify terms to avoid conflict.

Give Plenty of Notice to the Other Parent

Most parenting plans require “reasonable notice” before taking children out of state or overnight for holidays. Even if yours doesn’t, providing notice builds trust and reduces tension.

Be sure to share:

  • Travel dates
  • Flight numbers
  • Lodging information
  • Emergency contact details
  • Names of adults traveling with the child

Open communication protects your parental rights and helps keep kids safe.

Know When You Need Permission

In Colorado, parents traveling with children—especially out of state—must often obtain the other parent’s consent. This is especially important if:

  • The parenting plan includes a travel consent requirement
  • You share joint decision-making
  • You’re taking an international trip
  • The child does not have a passport or previously required both signatures

If the other parent refuses unreasonably, you may need court intervention. A family law attorney can help file for a motion to travel to ensure your plans stay on track.

Plan for Communication and Virtual Visits

Holiday travel doesn’t mean a child should lose contact with the other parent. Courts expect both parents to support ongoing communication—even during trips.

Consider arranging:

  • Scheduled FaceTime or Zoom calls
  • Daily text check-ins
  • Photo updates
  • Shared itineraries

This reassures the other parent while showing the court you prioritize co-parenting cooperation.

Prepare Travel Documents Early

Nothing ruins holiday joy faster than a passport issue or missing consent form. Before leaving, ensure you have:

  • Child’s passport (valid for entire travel period)
  • Notarized travel consent letter, if required
  • Medical consent forms
  • Health insurance cards
  • Parenting plan copies

These documents help avoid delays at airports and border checkpoints.

Put Your Child’s Needs First

Holiday travel can be exciting, but it can also be exhausting for kids—especially those adjusting to a new family dynamic. Keep the focus on what’s best for them by:

  • Minimizing rushed transitions
  • Avoiding hostile exchanges with the other parent
  • Maintaining routines as much as possible
  • Allowing downtime between events or flights

Supporting your child’s emotional wellbeing plays a major role in successful co-parenting during the holidays.

When Travel Disputes Arise

If the other parent is blocking travel, not following the holiday schedule, or violating your parenting plan, don’t wait. Holiday conflicts often require quick legal action—and courts get busy this time of year.

Common issues include:

  • One parent denying consent for out-of-state travel
  • Attempts to change holiday schedules last-minute
  • Failure to return a child on time
  • Disagreements about international travel safety

Working with family law attorneys who handle holiday parenting disputes can help protect your rights and avoid escalation.

Need Help With Holiday Travel Parenting Issues? Divorce Matters Is Here for You

Holiday travel should create meaningful memories—not legal headaches. If you’re facing travel disputes, need to modify your parenting plan, or want guidance on Colorado’s holiday custody laws, Divorce Matters can help you protect your rights and your child’s best interests. Contact Divorce Matters today to speak with a Colorado family law attorney.

Who Pays for School Christmas Party Expenses? Understanding Child Support During the Holidays

The holiday season is one of the most magical times of the year for children. Schools host Christmas parties, gift exchanges, concerts, winter festivals, and other special events that make December feel extra special.
But for divorced or separated parents, these school-related holiday expenses often raise a common question:

Do Christmas party costs count as child support expenses—and who should pay for them?

At Divorce Matters, we understand that even small seasonal costs can spark conflict when parenting plans and expectations aren’t aligned. Here’s what parents should know as holiday events begin filling the calendar.

Are School Christmas Party Expenses Included in Child Support?

Generally, child support covers a child’s basic, recurring needs—housing, food, clothing, school essentials, and healthcare. But holiday or seasonal expenses don’t always fit neatly into these categories.

School Christmas events often involve:

  • Classroom party contributions
  • Gifts for teachers
  • School-organized holiday field trips
  • Holiday performance attire
  • Fundraisers and seasonal activities

These non-routine expenses typically fall under a separate category known as extracurricular or special school-related expenses, depending on your parenting plan or court order.

What Most Parenting Plans Say

Many parenting plans specify how parents split extra school expenses, often 50/50, unless otherwise agreed.
However, if your order doesn’t specifically mention holiday costs, parents may need to:

  • Review their current court order
  • Check communication agreements
  • Discuss and mutually agree on a fair split

When plans are outdated or unclear, misunderstandings are common—and unnecessary stress follows.

Why Holiday School Expenses Become a Conflict Point

December tends to amplify financial and emotional strain. Parents may disagree on:

  • Whether a fee or item is “necessary”
  • Who should make the purchase
  • Whether these costs are already covered by monthly child support
  • Last-minute school announcements and deadlines

If one parent feels they are paying more than their share, resentment can build. Clear expectations—and updated legal guidance—can prevent conflict during a month that should be joyful for your children.

How Parents Can Stay Aligned During the Holidays

Here are a few best practices for smooth, conflict-free co-parenting during the Christmas season:

1. Communicate Early

Share school calendars, teacher emails, and cost breakdowns as soon as they come in.

2. Set a Budget Together

Agree on reasonable spending for holiday-related school items.

3. Put Agreements in Writing

Even a quick message or co-parenting app confirmation can prevent misunderstandings.

4. Follow Your Existing Court Order

If it specifies cost-sharing rules, stick to them—consistency helps avoid conflict.

5. Update Your Parenting Plan if Needed

If holiday expenses or school activities happen often and the order doesn’t address them, a modification may be helpful.

When to Involve a Lawyer

If disagreements keep happening—especially every holiday season—it may be time to seek legal clarity.

A family law attorney can help you:

  • Review whether child support covers certain expenses
  • Interpret vague or outdated parenting plan language
  • Modify orders to reflect your child’s actual needs
  • Reduce recurring disputes through clearer terms

At Divorce Matters, we help parents each year navigate holiday-related child support questions and establish long-term solutions that protect both children and co-parents from unnecessary stress.

Get Clear Guidance Before Holiday Conflicts Grow

Holiday school activities should bring joy—not disputes. If questions about child support and Christmas party expenses keep resurfacing, clear legal guidance can make all the difference.

Divorce Matters is here to help you understand your rights, update your parenting plan, and ensure fair sharing of holiday school expenses. 

Need support this holiday season?
Contact us at Divorce Matters today to protect your parenting rights and secure peaceful co-parenting.

Child Support Enforcement: What Happens If a Parent Doesn’t Pay?

When parents separate or divorce, child support becomes one of the most important financial responsibilities they must navigate. These payments ensure that children continue to receive the food, clothing, shelter, healthcare, education, and emotional stability they need—regardless of the status of their parents’ relationship. But what happens when one parent fails to pay child support? Many custodial parents face the emotional and financial strain of nonpayment, and understanding the enforcement process can make all the difference.

This guide breaks down what child support enforcement looks like, what consequences the non-paying parent may face, and what steps the receiving parent can take to secure overdue support.

Why Child Support Matters

Child support isn’t a punishment—it’s a legal and ethical responsibility. Courts calculate child support based on state guidelines and both parents’ financial circumstances. The goal is to maintain as much financial stability for the child as possible.

When payments are missed or stop entirely, the custodial parent often bears the full financial burden. This can impact:

  • Daily necessities: food, clothing, transportation
  • Housing stability: rent/mortgage, utilities
  • Healthcare needs: insurance, medical expenses
  • Educational costs: school supplies, extracurriculars
  • Long-term well-being: savings, development opportunities

Because the stakes are so high, states take child support enforcement seriously and offer various tools to ensure compliance.

What Is Considered Nonpayment?

A parent is considered delinquent or “in arrears” when:

  • They miss a scheduled child support payment
  • They pay less than what is ordered
  • They fail to pay additional ordered expenses, such as medical or educational costs

Late or partial payments still count as nonpayment. The longer these payments go unpaid, the more serious the legal consequences become.

How Child Support Enforcement Works

Every state has a Child Support Enforcement (CSE) agency responsible for tracking payments, maintaining records, and helping custodial parents enforce court orders. When a parent stops paying, the CSE or court can initiate enforcement actions.

Here are the most commonly used enforcement tools:

1. Income Withholding (Wage Garnishment)

This is the most effective and widely used enforcement method. Once child support is ordered—even before any missed payments occur—states often require automatic wage withholding.

If a parent falls behind:

  • The employer may deduct additional amounts to cover arrears
  • Garnishment continues until the full amount is paid
  • This applies to salaries, bonuses, commissions, and sometimes unemployment benefits

For many parents, wage withholding ensures consistent, timely payments with less conflict.

2. Interception of Federal and State Tax Refunds

If a parent is behind on payments, the government can seize:

  • Federal tax refunds
  • State tax refunds
  • Certain government payments, including lottery winnings

This intercepted money goes directly toward unpaid child support. In cases involving public assistance, some funds may reimburse the state.

3. Driver’s License Suspension

States can suspend or revoke:

  • Driver’s licenses
  • Occupational licenses
  • Professional licenses
  • Recreational licenses (hunting, fishing, etc.)

Losing a driver’s or professional license can impact employment and mobility, creating strong incentive to pay overdue support. Once the parent pays the required amount or agrees to a repayment plan, the license can typically be reinstated.

4. Passport Denial

Parents who owe more than $2,500 in child support arrears may be denied a U.S. passport or passport renewal. This enforcement tool is particularly impactful for parents who travel for work or leisure.

5. Liens on Property

The court or CSE agency may place a lien on:

  • Real estate
  • Vehicles
  • Bank accounts
  • Investment accounts

A lien means the parent cannot sell or refinance the property until they pay their arrears. In some cases, the state may even seize and sell assets to satisfy the debt.

6. Credit Reporting

If payments are late or unpaid, the arrears may be reported to credit bureaus. This can significantly lower the nonpaying parent’s credit score, affecting their ability to:

  • Buy a home
  • Get a loan
  • Finance a vehicle
  • Obtain credit cards

Credit reporting often motivates parents who need credit access for major financial purchases.

7. Contempt of Court

If a parent repeatedly ignores a child support order, the court can hold them in civil or criminal contempt.

Civil contempt may result in:

  • Fines
  • Mandatory repayment plans
  • Court monitoring
  • Possible jail time (though courts often use jail as a last resort)

Criminal contempt involves more serious penalties and may be used when the parent willfully refuses to pay despite having the ability to do so.

In both cases, the goal is compliance—not punishment. Courts typically prefer alternatives that encourage future payment.

8. Criminal Prosecution

In extreme cases, the federal government can prosecute parents under the Deadbeat Parents Punishment Act (DPPA), especially if:

  • The parent owes more than $10,000
  • The parent has not paid for 2 years or more
  • The parent lives in a different state than the child

Penalties can include hefty fines and prison time. While rare, these prosecutions underscore the seriousness of child support obligations.

9. Bank Account Seizures (Levy)

Some state agencies can directly seize funds held in the nonpaying parent’s:

  • Checking accounts
  • Savings accounts
  • Investment accounts

This requires due process, including notice to the parent, but it is an effective way to collect large arrears.

10. Court-Ordered Payment Plans

If the parent falls behind due to hardship—such as job loss or medical issues—the court may allow a structured repayment plan. This can include:

  • Reasonable monthly payments toward arrears
  • Continued ongoing support
  • Mandatory financial disclosures

Payment plans balance the need for support with a realistic path toward compliance.

Why Some Parents Stop Paying Child Support

Nonpayment isn’t always due to unwillingness. Common reasons include:

1. Loss of employment

A parent may be unable—not unwilling—to pay. However, they must still seek a modification rather than simply stopping payments.

2. Unexpected medical issues

Major health problems can disrupt income and ability to work.

3. Disputes over custody or parenting time

Some parents mistakenly believe they can withhold support if the custodial parent blocks visitation or violates the parenting plan. This is not legally allowed.

4. Belief the order is unfair

Parents may think the support amount is too high, but again, they cannot stop paying—they must request a modification.

5. Willful noncompliance

In some cases, a parent simply refuses to pay despite having the ability. Enforcement is most aggressive in these situations.

What a Custodial Parent Should Do If Child Support Isn’t Paid

If you’re not receiving the child support you’re owed, you’re not alone—and you have options. Here’s what you can do:

1. Contact Your State Child Support Enforcement Office

Your local CSE agency can:

  • Track missing payments
  • Send notice to the nonpaying parent
  • Begin enforcement actions
  • Manage wage garnishment
  • Help locate the other parent if necessary

This service is typically low-cost or free.

2. Request Court Enforcement

If the situation persists, you can file a Motion to Enforce or Motion for Contempt. The court can:

  • Order wage garnishment
  • Order payment of arrears
  • Impose penalties
  • Create a repayment schedule

Having an attorney can streamline this process.

3. Document Everything

Keep a record of:

  • Missed payments
  • Partial payments
  • Communication with the other parent
  • Any hardships caused by nonpayment

Documentation strengthens your case if enforcement becomes necessary.

4. Never Withhold Parenting Time in Response

Child support and parenting time are separate legal issues. Withholding visitation can backfire and hurt your case.

Can a Parent Modify Child Support Instead of Falling Behind?

Yes. If financial circumstances change, the parent can request a modification. Courts typically allow changes when:

  • Income significantly increases or decreases
  • A parent loses a job
  • A child develops additional needs
  • Parenting time arrangements change

But modification is not retroactive. Until the court formally changes the order, the existing amount still applies.

Waiting too long can lead to large, unavoidable arrears.

How Long Can Child Support Be Collected?

Child support arrears do not disappear after a child turns 18. In many states:

  • Arrears can be collected indefinitely
  • Interest accrues on unpaid amounts
  • Enforcement tools remain available until the total balance is paid

Some states impose 10- to 20-year collection periods, but these are often renewable.

When to Contact a Family Law Attorney

Child support enforcement can be overwhelming and stressful. An experienced family law attorney can help:

  • File motions
  • Negotiate payment plans
  • Seek wage garnishment
  • Request modification
  • Represent you in court
  • Protect your rights and your child’s well-being

Whether you’re a custodial parent seeking overdue support or a noncustodial parent struggling to keep up, legal guidance can help you avoid major financial and legal risks.

Conclusion

Child support is essential to ensuring a child’s stability and well-being. When a parent doesn’t pay, state agencies and courts provide many enforcement tools—from wage garnishment and tax refund interception to license suspension and even criminal penalties. While nonpayment can stem from hardship or personal conflict, ignoring a child support order only leads to more serious consequences.

If you’re facing nonpayment as a custodial parent, or struggling to meet your support obligations as a paying parent, taking action early is key. Understanding your rights—and your responsibilities—can help protect your child’s future.

Establishing Guardianship in Colorado: Protecting Your Child with Legal Support

When life takes unexpected turns, parents often face tough questions about who will care for their children if they can’t. Guardianship offers a legal solution that ensures a trusted adult can step in to make crucial decisions and provide daily care when parents are unable to do so.

Whether due to illness, deployment, or other personal challenges, establishing guardianship gives parents and families peace of mind knowing their children’s well-being and future are secure. At Divorce Matters, we understand how emotional and complex these decisions can be, and we’re here to help families protect what matters most.

What Is Guardianship?

Guardianship is a court-approved legal arrangement that allows someone other than a child’s parent — known as the guardian — to make decisions about the child’s care, education, and welfare.

In Colorado, guardianship is established through the courts and governed by the Colorado Probate Code. The primary goal is always to serve the best interests of the child.

Parents often seek guardianship when:

  • They’re temporarily unable to care for the child due to health issues, incarceration, or deployment.
  • They’re planning for the future in case of incapacity or death.
  • A child needs stability and protection in a difficult home environment.

Types of Guardianship in Colorado

Every family’s situation is unique, and Colorado law provides several types of guardianship to meet those needs.

1. Temporary Guardianship

Temporary guardianship allows a trusted individual to care for a child for a limited time — often when a parent faces a short-term challenge such as hospitalization, travel, or deployment. This arrangement usually lasts up to six months unless extended by the court.

2. Permanent (or Long-Term) Guardianship

Permanent guardianship is granted when a parent cannot resume caring for the child. This gives the guardian long-term decision-making authority, though it doesn’t terminate the parent’s rights completely. Parents may still remain involved when appropriate.

3. Testamentary Guardianship

Parents can name a testamentary guardian in their will — ensuring their wishes are clear if they pass away. This proactive step can prevent family disputes and ensures a trusted person is ready to step in when needed.

How to Establish Guardianship in Colorado

The process of establishing guardianship requires court involvement to ensure that the arrangement truly benefits the child. Working with a skilled family law attorney can help you avoid delays and confusion.

Here’s an overview of the process:

  1. Filing a Petition – The process begins when an interested party (usually a relative or family friend) files a petition for guardianship in court.
  2. Notifying Interested Parties – The court requires notification of all parties with a legal interest, such as the parents, grandparents, or others close to the child.
  3. Background Checks and Evaluations – The court may order background checks or home studies to confirm that the guardian can provide a safe, stable environment.
  4. Court Hearing – The judge reviews the petition, hears testimony, and decides whether guardianship serves the child’s best interests.
  5. Issuance of Letters of Guardianship – If approved, the guardian receives official documentation authorizing them to make decisions for the child.

Guardianship vs. Custody: Understanding the Difference

While guardianship and custody both involve caring for a child, they are not the same under Colorado law.

  • Custody (often called parental responsibilities) applies when parents separate or divorce and must decide how to share parenting time and decision-making.
  • Guardianship applies when someone other than a parent assumes responsibility for a child, often due to a parent’s absence or incapacity.

Both arrangements focus on the child’s best interests, but guardianship typically involves extended family members or trusted friends, rather than parents.

Why Guardianship Matters

Without formal guardianship, even a close relative may face challenges in caring for a child. Schools, doctors, and other institutions may require legal documentation before allowing someone to make important decisions for a minor.

Legal guardianship ensures that:

  • The guardian can act on behalf of the child without legal barriers.
  • The child’s living arrangement is stable and court-recognized.
  • The guardian has authority to make decisions about education, healthcare, and daily life.

Most importantly, guardianship prevents uncertainty and potential family conflict — ensuring that a child’s safety and stability come first.

How Divorce Matters Can Help

At Divorce Matters, we know that guardianship decisions often arise during emotional and uncertain times. Our experienced attorneys provide compassionate guidance and reliable legal support to help you make informed choices.

We can assist with:

  • Filing guardianship petitions and handling court procedures.
  • Preparing testamentary guardianship documents as part of your estate plan.
  • Advising on the differences between guardianship, custody, and adoption.
  • Representing you in court to protect your rights and your child’s best interests.

We’re committed to helping Colorado families find peace of mind by ensuring their children are protected — today and in the future.

Final Thoughts

Establishing guardianship is one of the most caring and responsible steps a parent or family member can take. It’s about more than legal paperwork — it’s about providing stability, safety, and love for a child when they need it most.

If you’re considering guardianship or want to plan for your child’s future, contact Divorce Matters today. Our experienced Colorado family law attorneys will walk you through every step of the process and help you make the best decision for your family.

Colorado Springs, Colorado Child Support Lawyers

Understand Child Support in Colorado Springs Before Your Case

Divorce Matters® has the experience and resources needed to handle any and all of your family and divorce law issues – learn more by booking a consultation today.

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Overview

Proper representation is critical for any parent when going through a child custody case. While parents are allowed to create their own child support agreements, any agreement that deviates too far from the Colorado child support laws & guidelines will likely not receive court approval. This is just one reason why having an attorney with expertise in Colorado child support is critical for your case.

The child support attorneys at Divorce Matters® in Colorado Springs are highly skilled in helping their clients navigate the more difficult aspects of child support proceedings.

How Child Support is Calculated in Colorado

There are a variety of factors that are likely to affect the amount of child support a divorcing parent can expect to receive – or pay. In Colorado Springs, child support is based on a strict and somewhat complicated statute that is designed to ensure every child of divorcing or separating parents receives full financial support from both of them. According to the Colorado Child Support Guidelines, the first step in calculating child support is to establish the gross monthly income of both parents. Gross income is the amount that someone brings home before any taxes and deductions. If one parent is voluntarily unemployed or underemployed, the judge may “assign” income to him or her. This often happens if it is clear to the court that the parent could be earning more than they actually are based on their experience and qualifications.

The second step of calculating child support in Colorado is establishing the number of overnights per year that each parent has with the child (or children). Generally speaking, the parent with fewer overnights can expect to have to pay child support to the other. A common exception to this general rule is if the parent with primary custody is a significantly higher-income earner.

The third thing that a judge will consider in a child support case falls under the category of extraordinary and ongoing expenses. These expenses include things like medical insurance, daycare costs, extracurricular activities, travel, and the like. Per the Colorado Child Support Guidelines, the parent who pays these extra expenses is credited for them in the child support calculation formula.

Searching for the Best Divorce Lawyer in Colorado Springs?

Divorce Matters® has the experience and resources needed to handle any and all of your family and divorce law issues – learn more by booking a consultation today.

Why Choose Divorce Matters®?

The attorneys at Divorce Matters® are experienced legal professionals who are well-versed in all aspects of Colorado child support, including child support calculation, along with a myriad of other divorce and child support-related issues. Divorce Matters® in Colorado Springs is a proud Colorado family law firm that has helped thousands of people just like you get a fresh start.

Every child support lawyer at Divorce Matters® is well-versed in Colorado child support laws and genuinely understands how difficult going through a divorce can be. We are aggressive and compassionate legal advocates who are devoted to achieving the best possible outcome for each client.

If you are curious to know what your monthly child support payments might be, we encourage you to download our very own Child Support Calculator App. Simply input your personal financial information along with the financial information of your co-parent and the app will provide a close approximation of what your child support payment will look like.

Contact Divorce Matters

To speak with a Colorado Springs family law attorney about child support or any other family law topic, contact Divorce Matters® today by filling out our online form or calling us at 720-542-6142.

How much child support will I be ordered to pay or receive?

Child support obligations are based primarily on each parent’s current gross income, the amount of work-related day care expenses which are incurred on behalf of the minor children (if any), and the cost for providing health insurance coverage for the children. The court must use a child support worksheet, which calculates the presumed correct amount of child support under Colorado law. The court can order a higher or lower amount than the presumed correct amount under certain circumstances such as when the parties have shared parenting, a child has special needs, or other unusual circumstances.

My children’s mother/father has not paid child support in a while; can I withhold parenting time in Colorado?

The simple answer is, NO. As far as the court is concerned, child support and parenting time are two separate issues. If your children’s mother/father fails to pay child support, she/he can be held in contempt of court, or may even be charged with a felony. If you fail to provide the scheduled parenting time, you too can be held in contempt of court. Again, remember that one of the ”˜best interest of the child factors’ is: “The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.” If you fail to encourage parenting time with the other parent, it may be used against you at a later date.

Will I be obligated to pay for my children’s college expenses?

The court cannot order you to pay for college expenses; however, if you and your spouse agree to have a provision included in the judgment of divorce that requires payment for college, then the court can enforce that promise just like any other contract.

Can I garnish my ex’s wages to obtain past-due child support?

In Colorado, you can enter an income assignment or garnishment, with your ex’s employer. Then, the Family Support Registry will monitor and transfer the payments directly to you.

My ex is trying to reduce the amount of child support he/she pays because he/she quit their job. Will the Court reduce the amount of child support he/she was ordered to pay?
If the Court finds your ex is voluntarily unemployed or underemployed, the Judge may impute, or assign an income to him/her for purposes of determining the amount of child support to be paid. Divorce Matters® is a Denver Colorado divorce attorney law firm. We provide information and services including the divorce process through the courts, division of marital property, assets as well as debts and parental rights regarding biological and adopted children.

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Bringing a Human Approach to Legal Services

Douglas A. Thomas

Founding Partner

As founder of Divorce Matters®, my team of attorneys works with families in Colorado to help them achieve optimal outcomes in the highly emotional, individual, and sensitive area of family law, particularly divorce, child custody, and child support.

Professional and Community Associations

• Colorado Bar Association
• Arapahoe County Bar Association
• Colorado Defense Lawyers Association
• Defense Research Institute ”“ Member

Public & Speaking Engagements

Mr. Thomas has been a frequent speaker at the Colorado Defense Lawyers Association and numerous Continuing Legal Education seminars.

Bar Admissions

• Colorado
• U.S. District Court, Colorado

Education

• J.D., University of Denver, 1993
• B.A., New Mexico Highlands University, magna cum laude, 1989

Justin J. Oliver

Lead Attorney

As an attorney, I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter. From representing clients in divorces, custody disputes, protection order hearings, child and spousal support conflicts, parentage issues, and many other issues surrounding and concerning families here in Colorado, myself and the Divorce Matters® team are here for you.

I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter.

Professional and Community Associations

• Member, Colorado Bar Association
• Member, Larimer County Bar Association

Bar Admissions

• Colorado

Education

•J.D., Drake University Law School, 2014
• B.A., Sociology, Western State Colorado University, 2011

Fort Collins, Colorado Child Support Lawyers

Understand Child Support in Fort Collins Before Your Case

Divorce Matters® has the experience and resources needed to handle any and all of your family and divorce law issues – learn more by booking a consultation today.

  • This field is for validation purposes and should be left unchanged.

Overview

Proper representation is critical for any parent when going through a child custody case in Fort Collins. While parents are allowed to create their own child support agreements, any agreement that deviates too far from the Colorado child support laws & guidelines will likely not receive court approval. This is just one reason why having an attorney with expertise in Colorado child support is critical for your case.

The child support attorneys at Divorce Matters® Fort Collins are highly skilled in helping their clients navigate the more difficult aspects of child support proceedings.

How is Child Support Calculated in Fort Collins, Colorado?

There are a variety of factors that are likely to affect the amount of child support a divorcing parent can expect to receive – or pay. In Fort Collins, child support is based on a strict and somewhat complicated statute that is designed to ensure every child of divorcing or separating parents receives full financial support from both of them. According to the Colorado Child Support Guidelines, the first step in calculating child support is to establish the gross monthly income of both parents. Gross income is the amount that someone brings home before any taxes and deductions. If one parent is voluntarily unemployed or underemployed, the judge may “assign” income to him or her. This often happens if it is clear to the court that the parent could be earning more than they actually are based on their experience and qualifications.

The second step of calculating child support in Fort Collins, Colorado, is establishing the number of overnights per year that each parent has with the child (or children). Generally speaking, the parent with fewer overnights can expect to have to pay child support to the other. A common exception to this general rule is if the parent with primary custody is a significantly higher income earner.

The third thing that a judge will consider in a child support case falls under the category of extraordinary and ongoing expenses. These expenses include things like medical insurance, daycare costs, extracurricular activities, travel, and the like. Per the Colorado Child Support Guidelines, the parent who pays these extra expenses is credited for them in the child support calculation formula.

Searching for the Best Divorce Lawyer in Fort Collins?

Divorce Matters® has the experience and resources needed to handle any and all of your family and divorce law issues – learn more by booking a consultation today.

Why Choose Divorce Matters® in Fort Collins?

The attorneys at Divorce Matters® are experienced legal professionals who are well-versed in all aspects of Colorado child support, including child support calculation, along with a myriad of other divorce and child support-related issues. Divorce Matters® is a proud family law firm in Fort Collins that has helped thousands of people just like you get a fresh start.

Every child support lawyer at Divorce Matters® is well-versed in Colorado child support laws and genuinely understands how difficult going through a divorce can be. We are aggressive and compassionate legal advocates who are devoted to achieving the best possible outcome for each client.

If you are curious to know what your monthly child support payments might be, we encourage you to download our very own Child Support Calculator App. Simply input your personal financial information along with the financial information of your co-parent and the app will provide a close approximation of what your child support payment will look like.

Contact Divorce Matters

To speak with a Fort Collins family law attorney about child support or any other family law topic, contact Divorce Matters® today by filling out our online form or calling us at 720-542-6142.

How much child support will I be ordered to pay or receive?

Child support obligations are based primarily on each parent’s current gross income, the amount of work-related day care expenses which are incurred on behalf of the minor children (if any), and the cost for providing health insurance coverage for the children. The court must use a child support worksheet, which calculates the presumed correct amount of child support under Colorado law. The court can order a higher or lower amount than the presumed correct amount under certain circumstances such as when the parties have shared parenting, a child has special needs, or other unusual circumstances.

My children’s mother/father has not paid child support in a while; can I withhold parenting time in Colorado?

The simple answer is, NO. As far as the court is concerned, child support and parenting time are two separate issues. If your children’s mother/father fails to pay child support, she/he can be held in contempt of court, or may even be charged with a felony. If you fail to provide the scheduled parenting time, you too can be held in contempt of court. Again, remember that one of the ”˜best interest of the child factors’ is: “The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.” If you fail to encourage parenting time with the other parent, it may be used against you at a later date.

Will I be obligated to pay for my children’s college expenses?

The court cannot order you to pay for college expenses; however, if you and your spouse agree to have a provision included in the judgment of divorce that requires payment for college, then the court can enforce that promise just like any other contract.

Can I garnish my ex’s wages to obtain past-due child support?

In Colorado, you can enter an income assignment or garnishment, with your ex’s employer. Then, the Family Support Registry will monitor and transfer the payments directly to you.

My ex is trying to reduce the amount of child support he/she pays because he/she quit their job. Will the Court reduce the amount of child support he/she was ordered to pay?
If the Court finds your ex is voluntarily unemployed or underemployed, the Judge may impute, or assign an income to him/her for purposes of determining the amount of child support to be paid. Divorce Matters® is a Denver Colorado divorce attorney law firm. We provide information and services including the divorce process through the courts, division of marital property, assets as well as debts and parental rights regarding biological and adopted children.

Related Articles and Videos

Bringing a Human Approach to Legal Services

Douglas A. Thomas

Founding Partner

As founder of Divorce Matters®, my team of attorneys works with families in Colorado to help them achieve optimal outcomes in the highly emotional, individual, and sensitive area of family law, particularly divorce, child custody, and child support.

Professional and Community Associations

• Colorado Bar Association
• Arapahoe County Bar Association
• Colorado Defense Lawyers Association
• Defense Research Institute ”“ Member

Public & Speaking Engagements

Mr. Thomas has been a frequent speaker at the Colorado Defense Lawyers Association and numerous Continuing Legal Education seminars.

Bar Admissions

• Colorado
• U.S. District Court, Colorado

Education

• J.D., University of Denver, 1993
• B.A., New Mexico Highlands University, magna cum laude, 1989

Justin J. Oliver

Lead Attorney

As an attorney, I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter. From representing clients in divorces, custody disputes, protection order hearings, child and spousal support conflicts, parentage issues, and many other issues surrounding and concerning families here in Colorado, myself and the Divorce Matters® team are here for you.

I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter.

Professional and Community Associations

• Member, Colorado Bar Association
• Member, Larimer County Bar Association

Bar Admissions

• Colorado

Education

•J.D., Drake University Law School, 2014
• B.A., Sociology, Western State Colorado University, 2011

Child Support

What is Child Support?

A payment from one parent to another parent of minor children as a contribution to the ordinary expenses associated with the care and support of the child. In Colorado, child support is calculated using child support guidelines (calculator app). The Court can vary from the guidelines, but most Courts, including the Denver Courts, will not vary from the guidelines without an extremely compelling reason.

Related Articles and Videos

Colorado Child Support Laws

Understand Child Support in Colorado Before Your Case

Divorce Matters® in Denver has the experience and resources needed to handle any and all of your family and divorce law issues – learn more by booking a consultation today.

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Overview

Proper representation is critical for any parent when going through a child custody case. While parents are allowed to create their own child support agreements, any agreement that deviates too far from the Colorado child support laws & guidelines will likely not receive court approval. This is just one reason why having an attorney with expertise in Denver child support is critical for your case.

The Colorado child support attorneys at Divorce Matters® Denver are highly skilled in helping their clients navigate the more difficult aspects of child support proceedings.

How Child Support is Calculated

There are a variety of factors that are likely to affect the amount of child support a divorcing parent can expect to receive – or pay. In Denver, child support is based on a strict and somewhat complicated statute that is designed to ensure every child of divorcing or separating parents receives full financial support from both of them. According to the Colorado Child Support Guidelines, the first step in calculating child support is to establish the gross monthly income of both parents. Gross income is the amount that someone brings home before any taxes and deductions. If one parent is voluntarily unemployed or underemployed, the judge may “assign” income to him or her. This often happens if it is clear to the court that the parent could be earning more than they actually are based on their experience and qualifications.

The second step of calculating child support in Denver is establishing the number of overnights per year that each parent has with the child (or children). Generally speaking, the parent with fewer overnights can expect to have to pay child support to the other. A common exception to this general rule is if the parent with primary custody is a significantly higher-income earner.

The third thing that a judge will consider in a child support case falls under the category of extraordinary and ongoing expenses. These expenses include things like medical insurance, daycare costs, extracurricular activities, travel, and the like. Per the Colorado Child Support Guidelines, the parent who pays these extra expenses is credited for them in the child support calculation formula.

Searching for the Best Divorce Lawyer in Denver?

Divorce Matters® has the experience and resources needed to handle any and all of your family and divorce law issues – learn more by booking a consultation today.

Why Choose Divorce Matters® in Denver?

The attorneys at Divorce Matters® in Denver are experienced legal professionals who are well-versed in all aspects of Colorado child support, including child support calculation, along with a myriad of other divorce and child support-related issues. Divorce Matters® is a proud Colorado family law firm that has helped thousands of people in Denver just like you get a fresh start.

Every child support lawyer at Divorce Matters® Denver is well-versed in Colorado child support laws and genuinely understands how difficult going through a divorce can be. We are aggressive and compassionate legal advocates who are devoted to achieving the best possible outcome for each client.

If you are curious to know what your monthly child support payments might be, we encourage you to download our very own Child Support Calculator App. Simply input your personal financial information along with the financial information of your co-parent and the app will provide a close approximation of what your child support payment will look like.

Contact Divorce Matters

To speak with a Denver family law attorney about child support or any other family law topic, contact Divorce Matters® today by filling out our online form or calling us at 720-542-6142.

How much child support will I be ordered to pay or receive?

Child support obligations are based primarily on each parent’s current gross income, the amount of work-related day care expenses which are incurred on behalf of the minor children (if any), and the cost for providing health insurance coverage for the children. The court must use a child support worksheet, which calculates the presumed correct amount of child support under Colorado law. The court can order a higher or lower amount than the presumed correct amount under certain circumstances such as when the parties have shared parenting, a child has special needs, or other unusual circumstances.

My children’s mother/father has not paid child support in a while; can I withhold parenting time in Colorado?

The simple answer is, NO. As far as the court is concerned, child support and parenting time are two separate issues. If your children’s mother/father fails to pay child support, she/he can be held in contempt of court, or may even be charged with a felony. If you fail to provide the scheduled parenting time, you too can be held in contempt of court. Again, remember that one of the ”˜best interest of the child factors’ is: “The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.” If you fail to encourage parenting time with the other parent, it may be used against you at a later date.

Will I be obligated to pay for my children’s college expenses?

The court cannot order you to pay for college expenses; however, if you and your spouse agree to have a provision included in the judgment of divorce that requires payment for college, then the court can enforce that promise just like any other contract.

Can I garnish my ex’s wages to obtain past-due child support?

In Colorado, you can enter an income assignment or garnishment, with your ex’s employer. Then, the Family Support Registry will monitor and transfer the payments directly to you.

My ex is trying to reduce the amount of child support he/she pays because he/she quit their job. Will the Court reduce the amount of child support he/she was ordered to pay?
If the Court finds your ex is voluntarily unemployed or underemployed, the Judge may impute, or assign an income to him/her for purposes of determining the amount of child support to be paid. Divorce Matters® is a Denver Colorado divorce attorney law firm. We provide information and services including the divorce process through the courts, division of marital property, assets as well as debts and parental rights regarding biological and adopted children.

Related Articles and Videos

Bringing a Human Approach to Legal Services

Douglas A. Thomas

Founding Partner

As founder of Divorce Matters®, my team of attorneys works with families in Colorado to help them achieve optimal outcomes in the highly emotional, individual, and sensitive area of family law, particularly divorce, child custody, and child support.

Professional and Community Associations

• Colorado Bar Association
• Arapahoe County Bar Association
• Colorado Defense Lawyers Association
• Defense Research Institute ”“ Member

Public & Speaking Engagements

Mr. Thomas has been a frequent speaker at the Colorado Defense Lawyers Association and numerous Continuing Legal Education seminars.

Bar Admissions

• Colorado
• U.S. District Court, Colorado

Education

• J.D., University of Denver, 1993
• B.A., New Mexico Highlands University, magna cum laude, 1989

Justin J. Oliver

Lead Attorney

As an attorney, I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter. From representing clients in divorces, custody disputes, protection order hearings, child and spousal support conflicts, parentage issues, and many other issues surrounding and concerning families here in Colorado, myself and the Divorce Matters® team are here for you.

I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter.

Professional and Community Associations

• Member, Colorado Bar Association
• Member, Larimer County Bar Association

Bar Admissions

• Colorado

Education

•J.D., Drake University Law School, 2014
• B.A., Sociology, Western State Colorado University, 2011

Will My Child Support Increase with My Kids’ Age?

Understandably, child support is a much inquired about topic at Divorce Matters. How and why child support is determined is often a mystery, leaving parents with questions about how much they’ll have to pay, how it will be determined, who will pay who, and if child support will change throughout the years. With all these factors at play, it makes sense to wonder if your child support may change as your kids get older.

The answer to this question is a little more complicated than it might seem. Technically, child support does not automatically increase or decrease due to children getting older. However, child support orders are not permanent and can change over time. As kids get older there may be more or less cost associated with raising them, which can affect child support payments. Generally, the court will consider a change in child support if there is a significant and ongoing change. The term “significant” can be pretty vague, but the court generally views this as about a 10% change in the child support payments themselves. This change can be either an increase or a decrease.

If you believe there has been significant and ongoing change in child-rearing costs, it is best to get in contact with one of the expert attorneys at Divorce Matters! They can help you file the Child Support Modification paperwork necessary to get the ball rolling. If you would like to speak to an attorney, give us a call at (720) 386-9176 or fill out our Contact Form!

We also offer a free child support and maintenance calculator app if you need help determining potential changes, our app can be found in both the Google Play and iOS stores, click here to learn more.

What You Should Know About Child Support Modification in Colorado

When you are going through a divorce where children are involved, it can get complex. You will need to go through a few extra hurdles before your divorce is finalized, including child support. Child support can be a pretty complicated topic, especially when the child support amount may need to change. So, what does happen if you need to make a child support modification in Colorado?

Do I need to report a raise?

To make a child support modification in Colorado, courts require a “substantial and continuing” change. This change can include a change in income, especially if you get a raise or lose your job. Because this language is sort of murky, the courts have further defined what they mean by a substantial change when it comes to income. If you have a raise of 10% or more, that would be defined as substantial. It is important to note that this is just a guideline and the courts may decide a lower amount is substantial enough for a change.

The change in child support can go both ways and will depend on which parent got a raise in income. If the parent paying child support got a raise, the amount of the child support payment will likely increase. However, if the parent receiving child support gets a substantial raise, the parent paying the child support may have their payment decrease. If you are considering a child support modification in Colorado, courts will review these changes carefully to determine if an adjustment is necessary.

If you want to see how your or your ex’s raise will affect your child support, check out the Divorce Matters Calculator App.

Understanding Child Support Modification in Colorado

Colorado law aims to ensure fairness and financial stability for children. Child support payments are determined based on a variety of factors, including both parents’ incomes, childcare costs, and the child’s needs. However, life circumstances can change, which is why child support modification in Colorado can be updated based on substantial changes in circumstances.

How do I get my child support updated?

Changes in child support payments are not automatic. There are two ways child support can be modified. The first is through an annual assessment. In Colorado, parents are supposed to reassess and recalculate their child support agreement “once a year or less.” This reassessment will be based on changes in income, parenting time, and other factors, like child care and living expenses. If there have been no changes to income, parenting time, etc., then the annual reassessment is not required.

If a change has occurred, however, the court requires this annual reassessment. Both parents have a duty to report any changes that have happened over the previous year. This is supposed to make it more difficult for either parent to hide information, especially an increase in income, from the other parent. If you are pursuing a child support modification in Colorado, courts will look at all financial changes before making a decision.

The second way child support can be modified is through a request to the court to modify the child support order. If your ex does not agree to your modification request, the court will request a hearing to determine the appropriate course of action. Afterward, the court will issue an order either modifying your existing child support order or denying the request to do so. If you are seeking a child support modification in Colorado, legal professionals can help guide you through this process.

Additional Considerations for Child Support Modification in Colorado

When filing for a modification, documentation is crucial. You should be prepared to provide pay stubs, tax returns, and any other financial records that demonstrate your income change. Additionally, if you believe your child’s financial needs have increased due to medical expenses, educational costs, or extracurricular activities, these can be factors the court considers.

Another important aspect to consider is parenting time. If one parent has increased or decreased their parenting time significantly, this may impact the amount of child support owed. So, courts will evaluate these changes to ensure the child’s best interests are met.

If you are self-employed, a contract worker, or a business owner, child support modifications can become more complex. While the same rules apply regarding a “substantial and continuing” change in income, proving your net income can be more challenging. Courts will assess whether fluctuations in income are temporary or part of a consistent financial trend. For example, a seasonal spike in business revenue may not justify a modification, whereas a steady increase in client contracts could. If you are self-employed and considering a child support modification in Colorado, keeping thorough financial records and demonstrating consistent income trends will be crucial in making your case.

Am I entitled to back pay?

If your request for child support modification in Colorado is approved, you will generally get child support back pay to the time you filed a request for a change with the court. It will not apply prior to the time of filing. For example, if your ex gets a raise in August, you file a Motion to Modify Child Support in October, and the Motion is approved in December, you are entitled to “back pay” beginning in October. You are not entitled to back pay for August and September before the Motion was filed. This means that it is important to request a change with the court as soon as you know that there is a change.

If there is back pay, it will not be due all at once. Instead, it will be summed up and paid over the next two years. For example, if you are owed an extra $200 in child support for October and November, you won’t receive $200 in December. Instead, you will receive an extra $8.33 a month for the next two years.

Contact Divorce Matters®

If you believe your child support agreement needs to be updated and are seeking a child support modification in Colorado, Divorce Matters® attorneys can assist you with the legal steps necessary to ensure a fair outcome. Understanding your rights and responsibilities when it comes to modifying child support is essential for ensuring your child’s financial stability.

Contact us if you have any questions about modifying your existing child support agreement or would like to speak to an expert child custody attorney today!