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 Colorado Child Support Laws

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. 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 laws and cases is critical for your case.

The child support attorneys at Divorce Matters® 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 Colorado, 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?

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 laws, including child support calculation, along with a myriad of other divorce and child support-related issues. Divorce Matters® is a Colorado-proud 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 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

Emily F. Ahnell

Partner and Managing Attorney

I began my practice after noticing a need for unbundled legal services. In addition to family law, I also defend employers and insurance carriers before administrative agencies and in civil litigation matters in Court.

I began my family law practice after noticing a need in the community for unbundled legal services. In addition to family law, I also defend employers and insurance carriers before administrative agencies and in civil litigation matters in Federal and State Courts.

Professional and Community Associations

• Colorado Bar Association
• Denver Bar Association
• Colorado Defense Lawyers Association
• Habitat for Humanity, Volunteer

Public & Speaking Engagements

Denver University Law Review, Staff Editor 2001-2002, General Editor 2002-2003

Bar Admissions

• Colorado
• U.S. District Court, Colorado

Education

• J.D., University of Denver, 2003
•B.A., University of Alabama, 1998 (Member of the Women’s Soccer Team)

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.

If I Get a Raise, Do I Need to Report it For 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 get a raise? Do you need to report it?

Do I need to report my raise?

To change your child support in Colorado, the court requires a “substantial and continuing” change. This change can include a change in income. 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 child support paying parent 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 want to see how your or your ex’s raise will affect your child support, check out the Divorce Matters Calculator App.

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.

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.

Am I entitled to back pay?

If your request for child support modification 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 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!

What Types of Law Does Divorce Matters Practice?

Just from our name, it’s easy to tell that we excel in divorce law, but what other kinds of cases can Divorce Matters handle? We are a law firm specializing in family law. Family law covers a wide variety of different cases including:

Adoption

Estate Planning

Divisions of Marital Property

An important part of the divorce process in Colorado is figuring out how to divide marital property. The procedure generally involves two steps. First, it must be determined what marital property is. Second, the marital property must be divided equitably

Spousal Maintenance

In Colorado, neither spouse has an automatic right to maintenance. The court may award maintenance only if it finds that the spouse seeking maintenance lacks sufficient property to meet their reasonable needs and, in addition, is either unable to support themselves through appropriate employment or should not be required to seek employment because of child care responsibilities. Divorce Matters has lots of experience in Spousal Maintenance negotiations and our attorneys are the perfect choice to help you!

Child Custody

When children are involved, the divorce process doesn’t end once the final paperwork is filed. With children come often contentious and painful negotiations about and modification of parental rights, parenting time, and custody. Our team has deep experience dealing with child custody and parental rights issues and we believe it is our duty and an imperative to help couples address custody and rights issues in ways that reduce the impact of divorce and protect children in the process.

Child Support

In Colorado, child support is based on strict guidelines dictated by state laws and statutes. The issue of child support is separate and distinct from the issue of parenting time, and child support payments may not be conditioned upon parenting time. Due to these strict laws, it is important to have guidance from an expert attorney throughout the process.

Post Decree Modifications

Have your circumstances changed since your divorce? Have you lost your job? Has your ex-spouse received a salary increase? Did your ex-spouse fail to disclose financial matters during the dissolution of marriage? Once your divorce is finalized, fortunately, not everything in your original separation agreement or parenting plan is set in stone. Courts recognize that circumstances change, and, sometimes, spouses hide income or assets during the divorce process. Depending on the exact circumstances of your case, you may have a variety of options post-decree. In the following sections, we explore your options in modifying maintenance, child support, parenting time, custody, and decision-making, as well as how you can reopen your property division.

Mediation and Arbitration

Mediation and arbitration are perfect options for anyone going through a divorce. Both options allow the partners to take more control in the divorce, as well as keep the process out of court. Not only does Divorce Matters represent clients through mediation and arbitration, but we also have a mediator on staff!

Domestic Violence

Domestic violence happens to people in all classes, statuses, and ranks in life, regardless of age, gender, race, religion, education, profession, or socioeconomic status. The unfortunate reality is that one in four women in the U.S. will experience domestic violence in their lifetime, resulting in an estimated 1.3 million women becoming victims of physical assault by an intimate partner each year.

Contempt of Court

After having gone through a divorce or once you have some orders from the court, you may at some point find yourself on either end of a contempt of court action if one of the parties is not complying with the orders. If you find yourself on either end of a contempt action, Divorce Matters is here to help!

Unbundled Legal Services

Unbundled legal services are the perfect solution for anyone not ready to jump into full-scale representation. With unbundled services, you can hire an attorney at their hourly rate to help you with specific aspects of your legal troubles, like filing paperwork or gathering documents!

Common-Law Marriage

The state of Colorado allows couples to enter into common law marriage. However, the parameters of common law marriage can be hazy and difficult to understand, just like common law divorce

Appeals

If your case falls under family law, we can help with your appeal!

Prenuptial Agreements

While there are a million things to plan when a couple decides to marry, often the most difficult to discuss with your future partner is the possible need for a prenuptial agreement. While this subject is not the most romantic or exciting part of wedding planning, a couple contemplating marriage in Colorado may need to consider entering into a prenuptial agreement, or a contract before marriage.

Military Divorce

To thank our Military service members, we even offer 10% off of legal fees! This discount is offered to all active and retired service members, veterans, and military spouses.

Thomas Legal Firm

While Divorce Matters only deals in family law, we do have a sister law firm that offers other services. Thomas Law Firm deals with Criminal matters as well as Civil Law matters, including general litigation, civil rights, workers’ compensation, and business defense litigation.

5 Myths about Child Custody and Support

  1. Mothers always get custody of the kids

False! The court will always choose what is in the best interest of the child. The court will examine all of the evidence, with their only goal being to make a decision that is best for your child, whether that be the father having custody, the mother having custody, neither having custody, or both having custody!

2. If we have joint custody, I won’t have to pay child support

True and False! The way that the court determines child support is based on a statutory calculation that takes into account each parent’s income, how much time each parent has custody of the children, and the children’s expenses, like clothes, insurance, school costs, etc. To calculate what you may pay in child support (or spousal maintenance), you can use Divorce Matter’s Child Support Calculation App! If you have joint custody and you already do pay for a portion of the child’s monthly expenses when they live at your house, you may already pay enough and do not need to pay any additional money in child support!

  1. I can deny visitation if my ex does not pay child support

False! Visitation is a separate issue from child support and therefore if visitation rights are outlined in the parenting agreement, those rights cannot be withheld based on failure to pay child support. It is important to follow the parenting agreement exactly as written, otherwise, you may get in trouble with the court as well! The best course of action is to speak with your attorney about notifying the court that your ex is not paying the proper child support. The court will then decide what action is best to take and you will remain free and clear of any trouble!

  1. The kids get to choose which parent they live with

False! As mentioned above, the court takes only one thing into account when deciding who should receive custody of the children: the best interest of the children. That means that the judge will take into account many of the different factors that affect this, including the wishes of the children. However, this isn’t the only factor the judge will consider so while this is taken into account it is not necessarily how the judge will rule.

  1. My ex can move out of state with the kids without my consent

False! While it is true that your ex can move your kids out of state without asking you before you file, once the paperwork has been filed for separation or for a parenting agreement, there will be an injunction placed on moving the children. This means that, regardless of permission, the children will need to stay exactly where they are!

Are Same-Sex Divorces Handled the Same As Heterosexual Divorces?

With tides having turned in the struggle for LGBTQ+ marriage rights over the last decade, often questions about whether there are any differences when it comes to marriage for same-sex couples arise. Are these marriages the same as heterosexual marriages? And what about the divorces?

How is same-sex divorce different from a divorce between a heterosexual couple?

Because same-sex marriage is legal in Colorado there is virtually no difference between same-sex divorce and heterosexual divorce. This means that you can either be a petitioner and respondent or petitioner and co-petitioner. After that, the divorce will proceed as a heterosexual divorce would.

How will child support and custody factor into a same-sex divorce?

Because many same-sex couples have children, this is a question that is often at the forefront of the couples’ minds. However, the court will proceed as they would for any divorce. Regardless of whether or not the child is biologically yours, or adopted by one or both parents, the court will determine parenting time based on the best interests of the child. If both parents are adoptive parents, they are both treated as if they are legal parents to the children. This is the same if one party is the biological parent and one party is an adoptive parent.

Additionally, child support will be calculated using the same calculation as in any other child support situation. If you’re curious what child support might look like in your particular set of circumstances, check out our calculator.

If you are interested in common law marriage divorce or divorce for LGBTQIA+ couples, you can learn more here. You can also find more materials discussing same-sex marriage on our website.

Do I Need to File for Divorce to Get Child Support?

Child Custody and Child Support can be an incredibly complicated process. Because of this, a lot of questions can arise from anyone actively going through the process or beginning the process. One of these questions, which this blog will go over, is “Do I need to file for divorce to get child support?” The short answer to that question is that, if you are married, you will most likely need to file for divorce to get child support or determine any child custody matters. However, it does depend on each individual situation and the State will sometimes seek child support on a parent’s behalf.

As mentioned above, if you are married, child custody matters do tend to be wrapped up in the divorce proceedings. This means that once you file the Petition for Dissolution of Marriage, to begin your divorce process, then the child custody process will begin as well. This process includes everything having to do with your children, including child support.

If you are not married, then your child custody process will look slightly different. This process will not begin with the Petition for the Dissolution of Marriage. Rather, you will file a Petition for Allocation of Parental responsibilities to kick start the custody determination process. This process will also include the calculation of child custody.

As always, the best way to begin the child custody process is to hire an attorney. An attorney knows the child custody process, whether you are married or not, intimately and will be able to guide you through all the paperwork necessary to be collected and filed. Here at Divorce Matters, we also schedule an initial consultation, which will allow you to ask any general questions you may have about the process before you hire your attorney. To schedule an initial consultation, call us at (720) 542-6142 or you can send us a message through our website.

How is Child Support Determined Based on Income?

What goes in to the court’s decision?

There are a lot of factors going in to the determination of child support. The most important factors are childcare expenses, monthly income, and the number of overnights your child will spend with you. Your monthly income is just the total amount of money you will bring in in a month, before any taxes or deductions. If you do receive spousal maintenance, that amount will be factored in to your monthly income. Childcare expenses include medical, childcare, medical insurance, school, and extra-curricular costs.

How is child support calculated?

Based on all of these factors, the court will calculate how much it costs to take care of the child and how much time the child spends with each parent. The time spent with each parent is calculated by counting the number of overnight visits. After determining how much time is spent with each parent, the court will use it own formula to determine how much you (or your ex-partner) will owe in child support. It is important to note that child support is often paid to the primary custodian of the child, but this is not always the case. If you would like to determine how much you might pay in child support (or spousal maintenance) you can refer to Divorce Matters’ Child Support Calculator! This app, developed by Divorce Matters, takes all of the information the courts in Colorado would use to decide a child support amount and calculate a probable amount you might pay. To learn more, visit here. 

What happens if my income changes?

Generally, your income will need to have a 10% difference, either positively or negatively, to affect the child support amount. If you lose your job, get laid off, or even get a raise, these are all factors that may change the amount of child support you either pay or receive. To change that amount, you would need to file a Motion to Modify Child Support Order. A judge will then decide what your new amount should be.

If you have questions about your child support arrangement please reach out to our firm to speak with one of our attorneys. You can fill out a form here, or call us at 720-542-6142.

What if I Believe My Spouse is Unfit to Take Care of Our Children?

If you believe that your spouse (or former spouse) is unfit to care for your children, there are a few possible routes to take. The route that you take will depend on the urgency and severity of the situation. If the situation does not require immediate attention, you can file a “Motion for Modification of Parenting Time”. If the situation is more urgent and needs to be remedied immediately, you can file a “Motion to Restrict Parenting Time” or you can call Child Protective Services (CPS). You can learn more about each of these options below.

Motion for Modification of Parenting Time

There are a few different routes to take depending on the severity of the situation. If your concerns do not require immediate attention, you can file a “Motion for Modification of Parenting Time” as discussed above. This motion may be filed every two years or as often as necessary, as long as you can prove that circumstances have changed. The change in circumstances could be a variety of things, including, but not limited to, moving, use of drugs or illegal substances, or the creation of an unsafe situation for children. In proving this change of circumstances, it may be helpful to hire a third-party investigator, called a Child and Family Investigator or Parental Responsibilities Evaluator. To be clear, this is not an immediate solution and will take a minimum of 3 months to complete. Following a minimum of 3 months, the court may deny the modification and elect to keep the parenting plan consistent or modify the plan in line with the requested modification or in any way the court sees fit to modify the parenting time agreement.

Motion to Restrict Parenting Time

If your situation is more urgent, there are two roads that will lead to a quicker resolution from the court. One of these options is to file a “Motion to Restrict Parenting Time”. This motion must include the reasons that you believe the children will be endangered, either physically or emotionally, by remaining in the care of the opposing parent. The court is required to set a hearing date within 14 days of filing this motion, making it significantly quicker than filing a “Motion for Modification of Parenting Time”. When the date of the hearing comes around, you should make sure to bring any evidence you have that your children are not safe with the opposing parent. It is important that this evidence is not just what your children have told you, as this can be considered “hearsay” and may not be admissible evidence. If the court finds that you are correct and the other parent is physically or emotionally endangering the child, there may be steps or restrictions put into place that the opposing parent must go through if they want to regain any parenting time. For example, if the opposing parent has been using drugs, the court may order a rehabilitation program before they are allowed to regain any parenting time. The court can also restrict or reduce the opposing parent’s parenting time. It is important to remember that this is a very serious claim and should not be filed without base. If this motion is found to be baseless or vengeful, the court may require you to pay the opposing parent’s attorney fees.

Child Protective Services

The second option for a more urgent case is contacting Child Protective Services (CPS). CPS is a government agency that investigates claims of child abuse or neglect. This is the most serious action and will result in the most immediate response. Before getting more into this process, it is important to note that calling CPS on the opposing parent will also invite CPS to investigate you. The organization is meant to make decisions in the best interest of the child and they cannot do this without investigating every aspect of your children’s lives.  This investigation will include interviewing both parents, various witnesses, and the children themselves. CPS will generally make findings of the best situation for the children without initiating action through the court. In more severe cases, however, CPS will initiate action through the courts called a “Dependency and Neglect Action”. This may result in the child being removed from the unsafe environment, supervised visitation, reintegration therapy, substance abuse monitoring, or any action that the court feels is appropriate to the situation.