If I’ve Lost My Job Due To The CoronaVirus, Can I Get My Maintenance or Child Support Payments Reduced or Changed?

Have you experienced an interruption to your job due to the coronavirus such as a reduction in hours or loss of job? Can you get your maintenance or child support payments reduced or changed if this is the case and how quickly?

The coronavirus is pushing the country into uncharted waters, jeopardizing nearly half of American jobs. If your work has been impacted by the coronavirus, you may wish to modify the amount of maintenance you are paying your ex-spouse. The first step in tackling this question is to determine whether you can modify maintenance in the first place.

If you and your ex-spouse were able to agree to maintenance as a part of a larger separation agreement, you may have agreed that maintenance is modifiable, or non-modifiable. If the separation agreement states that maintenance is modifiable, then keep reading.

Adversely, if the separation agreement expressly states that maintenance is non-modifiable, then you are unable to request a modification, period. You must pay your maintenance pursuant to the terms of the separation agreement, regardless of changing circumstances.

If maintenance was awarded by the judge at your permanent orders hearing, then it is always subject to modification. This is mandated by Colorado Statutes, which states: “Except upon written agreement of the parties, an award of maintenance entered pursuant to this section may be modified or terminated pursuant to the provisions of section 14-10-122.” §14-10-114(5)(a), C.R.S.

In order to modify maintenance, you must meet the legal requirement, which is “a showing of changed circumstances so substantial and continuing as to make the terms unfair.” §14-10-122(1)(a), C.R.S.

When dealing with child support, there is a higher bar to meet, as the change must result in at least a 10% difference in owed support. Maintenance, on the other hand, depends on whether you can prove to the court a “substantial and continuing” change in circumstances.

This is not an either-or test; you must prove that the change in circumstances (your lost job, for example) is both substantial and continuing.

What courts look for is a change in circumstances so substantial that it renders the original maintenance award unfair. A modest change to your income is not likely to be seen as substantial, no matter how permanent it may be.

Loss of employment, while immediate and substantial, is usually temporary. If you will likely be re-hired when the pandemic subsides, it is likely premature to file for a modification of maintenance or child support because you will be unable to meet the legal requirement that the change in employment circumstances is continuous, not just substantial.

If you have any questions or concerns about your maintenance or child support call us at 720-542-6142 to speak with one of our attorneys, or fill out our form here.

Because family law is an extremely personal matter we are not eliminating face-to-face meetings at this time. However, we do have virtual and telephonic meetings available and strongly encourage them for anyone who wishes to conduct their consultation via telephone or computer in accordance with social distancing protocols.

So Your Ex Is Not Paying Child Support”¦

Getting a divorce can feel a little like running a marathon. Once you reach the end, you might collapse in a heap and tell yourself, “Never again.”

Unfortunately, in many situations, the real trouble has only just begun. Now, you need to spend one or two decades co-parenting with your ex, which often involves one parent paying child support to the other based on a monthly schedule.

But what happens when the other parent refuses to pay? You can ask them to pay, but they might avoid your phone calls. In this situation, you might need to seek enforcement from the judge, called contempt of court.

What is Contempt of Court?

When you received your divorce decree, the judge entered certain orders. These are not optional recommendations to each party but judicial commands to do something. If you or your ex decides not to follow the order, then a judge can find you in contempt.

Your ex might flout the judge’s ruling in all kinds of situation, such as paying child support or alimony or refusing to transfer title of an asset that is now yours thanks to the division of property.

What are the Punishments for Contempt of Court?

Judges have the discretion to bring the party in contempt back into compliance. Sometimes, a stern warning is enough. In other situations, a judge might order the person in contempt to pay money until they start following the orders or even send the person to jail. Usually, it never gets that far””but it could.

A judge might also revisit orders. For example, the judge could award more custody to a parent if his ex decides to disobey the judge’s orders. To determine what is the best remedy, you should consult with your Denver family law attorney.

How Do I Request a Contempt Citation?

You must complete forms and submit them to the court for consideration. It is probably best to have your attorney pursue contempt for you. Making a frivolous request could hurt you more than it would help, so let a lawyer analyze whether requesting a contempt citation is in your best interests.

Divorce Matters Can Help

Obtaining a divorce is only half the battle. If you are struggling to get your ex to follow the terms of your divorce, then you might need to file for a contempt citation. Contact Divorce Matters today. Our Denver contempt of court divorce lawyers have helped countless people over the past years.

Contact us today by calling 720-580-6745 or sending us a message.

If I Get a Raise, Will My Child Support Increase?

Life happens, and because of this, a child support order is not permanent. Sometimes a parent may find themselves in a new job where they are earning more or they may receive a significant raise at work. On the other hand, sometimes circumstances go the other way, and a parent may find they’ve lost their job. Whatever your circumstances are, if you have a child support order in place there is definitely a chance that at some point it will need to be modified.

To modify a child support order, there has to be at least a 10% difference in the existing child support order and there is no mechanism in place that automatically changes a child support order when a change in circumstance occurs. If a change needs to be reviewed, you need to file a motion to modify child support with the court.

The short answer? You may have to pay more if you receive a raise at work. However, this is not necessarily a given. The difference between the existing child support order and the potential new one has to be greater than 10%. The court also needs to receive a motion to modify child support before the order will change.

Some other situations where child support may be modified:

  • A change in child custody and visitation
  • Reduced child care costs as a child gets older
  • Emancipation of a child

If you believe you need help with a modification of child support, contact the attorneys at Divorce Matters. 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.

How Do Kids Change Divorce?

Conor Stewartson

When couples have children, a divorce becomes much more complicated. Even if you and your spouse are committed to an amicable separation, you will need to think through your post-divorce future for the sake of your children.

Come Up with a Parenting Plan

Children need continuing contact with both parents, and a judge will want to see a detailed parenting plan. At the outset, you should realize that a 50/50 custody split might not be realistic since one or both of you might decide to move. However, you should work out who the children will live with during the school year and decide:

  • When the non-custodial parent will have weekend visitation
  • How the children will split their summer vacations
  • Who the children will spend holidays and birthdays with
  • How you will transport the children to and from visitation, as well as when they will be dropped off and picked up

 

The more detailed your parenting plan, the better. Deciding issues ahead of time can reduce conflict later on. If you need help coming up with a parenting plan, you can consult with a divorce attorney who can advise you.

Discuss Child Support

Every child has a right to enjoy the fruits of his or her parent’s income. For this reason, child support is a right. The state has a formula it uses to calculate child support. You can visit the Department of Human Services website.

Child support also includes things like health insurance, medical expenses, and child care. Depending on your situation, you might need to pay extra to cover these costs. Parents should look at the total cost of raising the children and identify how they will pay those costs.

Stay on Your Best Behavior

It is perfectly understandable to feel depressed, angry and frustrated during a divorce. After all, a relationship you thought would last for life is now crashing to the ground. Nevertheless, parents must remain amicable if they want their children to flourish. This means never bad-mouthing your spouse when the children are around or trying to turn your children against their mother or father. Furthermore, trying to alienate your children could be used against you when it comes to determining custody.

Calm Guidance You Can Trust

Divorce is an emotionally turbulent time. You need trusted, experienced divorce attorneys in your corner. At Divorce Matters, our Lakewood divorce lawyers will help guide you through the divorce process step by step. Please contact us today to schedule your comprehensive, initial consultation.

Child Support and the Gig Economy

Avoiding child support payments is nothing new, but the way people try to hide their income is new. There are tried and true methods for obtaining child support. Obtaining tax refunds, garnishing wages and bank accounts are straightforward methods that work. However, these tactics rarely work for the gig economy. The gig economy is a fancy way of saying the self-employed economy. Another word that people like to use is freelancing, but it all means self-employed.

Why Being Self-Employed Makes It Harder for Child Support Collections

The self-employed rarely have tax refunds, and they almost always owe taxes at the end of the year.  They can time their payments to the IRS to avoid ever having a tax refund. The self-employed often don’t have actual wages to garnish and bank accounts are often in a company name, not subject to garnishment for individual child support obligations. The self-employed are sometimes paid in cash which is almost impossible to trace or collect.  For these reasons, the self-employed have always posed a problem for child support collections.

One of the obstacles with the gig economy is that when someone is self-employed is not easy to track their earnings or income. Employers report new hires to data bases for child support enforcement, but employers do not have to report contractors. This means that companies such as Uber or Airbnb do not report to these databases because they hire contractors and not employees.

How Can You Overcome This Obstacle?

Payments to contractors can be garnished once they are discovered and a private family law attorney can assist in collecting. But often the self- employed person moves onto a new gig once the old gig is discovered and garnished. The new gig economy poses new problems for child support enforcement and as the gig economy grows, so does the problem of child support collections.

Contact A Divorce Matters Attorney For Help With Obtaining Child Support

If you have questions, contact us here at Divorce Matters. We can help you try and recover child support if you find yourself on the wrong side of the new gig economy. Visit us at www-divorce-matters.com for more information.

Paying Child Support When You’re Not the Father

Below, you will find three unusual ways to pay child support in Colorado even though you’re not the biological father. Paternity can be established without a genetic test proving who the biological father, here’s how paternity can be established by law in Colorado.

1. You Told the World You Were the Father

This sounds strange, but the reality is you could become the legal father if you held yourself out as the father. The law states you become the legal father if a man “receives the child into his home and openly holds the child out as his own natural child.” This is a father by “conduct and words.”

2. You Made An “Attempt” to Marry the Mother Before the Child Was Born and the Child Was Born Within 300 Days of the Ending of Cohabitation.

The law is not so clear on what an “attempted marriage” is and how you need to fumble the ball, but an attempt could be good enough. You must have lived with the mother, attempted to marry the mother and have the child born within 300 days of moving out.  The idea is that just because some technicality, or tornado or other crazy event kept the marriage from being formalized should not stop the law from “presuming” who the father is.

3. You’re Married

Even if you’re not the biological father, the law presumes you are the father if the child was born while you were married to the mother. Yes, the law presumes faithfulness and biology.

Get in Touch With a Professional Denver Paternity Lawyer

Let our team of established paternity lawyers in Denver help you with paternity, child support, and any other family law cases today! These kinds of things can be confusing and stressful, we’ll help you along the way.

5 Things To Know About Child Support Garnishments

  1. Child support garnishments can be sent to an employer to attach wages. For wage attachment, Child support garnishments go to the front of the line above all other garnishments except IRS liens.
  2. Wages can be garnished up to 65% of “disposable income.” That’s after-tax income. So the employer first reduces wages by taxes and then by child support.
  3. An employer can deduct an additional $5 per paycheck as an administrative fee. This does not reduce child support but further reduces the employees pay.
  4. Child support garnishments can be taken from Workers’ Compensation benefits and can garnish workers’ compensation settlements.
  5. A private attorney can pursue past due child support on a percentage fee basis.

What Do I Do If My Ex Is Not Paying Child Support?

What do you do if your ex-spouse refuses to make court-ordered child support payments?

Being a single parent can be tough, and child support payments help the parent keep bills and childcare costs under control. So it can be devastating when one party refuses to make those payments.

Fortunately, there are steps you can take to force your ex-spouse’s hand. The state takes child support very seriously, and those who do not pay it can suffer some pretty serious consequences. Not paying can lead to long-term financial ruin.

Consequences of Failure to Pay Child Support

Every month that child support is not paid, a judgment is issued against the non-paying party. These judgments, while destroying the party’s credit, build interest at a rate of 12% annually, compounding every month. This means that the longer the person waits to pay, the more they will owe ”“ it is not difficult for a monthly sum of a few hundred dollars to rapidly snowball into a ten thousand or even hundred-thousand-dollar problem.Additionally, child support cannot be discharged through bankruptcy, and the statute of limitations on child support judgments is 20 years. It can’t just be swept under the rug and ignored.

If the financial consequences are not able to convince the party to pay up, there are things we can do to help. The non-paying party can be held in contempt of court, which can put them in jail for up to 180 days and fine them for noncompliance. The courts can order wage garnishments on the nonpaying party, up to 65 percent of that person’s wages. The courts can also attach liens to property owned by the nonpaying party. In short ”“ it’s never worth it to withhold child support payments.

If your ex-spouse is withholding child support payments, our Denver divorce attorneys can help you bring legal action against your ex-spouse.

My Ex Got A Raise, How Does This Affect My Child Support?

So your ex got a great promotion or a cushy new job. We’re sure you’re thrilled for ex-husband’s or ex-wife’s success, but the most relevant question for you is: how does this raise or promotion affect your child support payments?

In family law, whenever a divorced person or parent goes through a major change in their life (like getting a vastly higher paying job or losing a job), this is known as a “substantial change in circumstance.” When this substantial change in circumstance occurs, that means it may be time to modify the child support or alimony payments (“maintenance” in Colorado).

Unfortunately, in our experience, when one ex gets a raise, he or she will not start upping the child support payments out of the kindness of his or her heart. Usually, the other party must take legal action to make this happen.

How Can I Get My Ex To Modify Child Support?

Essentially, you have to file a suit against your spouse known as a post decree modification of child support. When a raise or promotion is involved, you can only file this suit if the amount of child support you receive would increase by 10 percent or more. Other instances where you can attempt to modify child support include:

  • Losing a job
  • Increase in the cost of raising the child (daycare or medical expenses)
  • Emancipation of a child
  • Change in the amount of overnight visits the child has with the other parent

Also, if three years have passed since your last review, you can request a new one.

Keep in mind that child support modifications are retroactive to the date of filing the motion. This means if your ex got a raise in April, you file the motion in May and it becomes finalized in June, you would only get the updated amount retroactive to May, not April. This means that the sooner you file the petition, the better.

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How Can I Calculate Colorado Child Support Payments?

Figuring out your payments for Colorado child support can be extremely confusing. To make sure everything is done correctly, contact an attorney or download our spousal maintenance and child support calculator app. It’s free, and you can easily get a good idea of how much you can expect to pay or receive given your current circumstances.

Our Denver child support attorneys can explain how complex family laws apply to your situation, and fight to ensure that you are treated fairly.

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Introducing The Divorce Matters Spousal Maintenance & Child Support Calculator

Hello, readers! We have an exciting new announcement that may help you and your spouse figure out some of the logistics of your divorce, and you can access it directly from your Android or iOS device. Our law firm has published a free app, which you can find on Google Play by searching “Child Support Calculator CO” and on the App Store under the name “Divorce Matters Colorado Spousal Maintenance and Child Support Calculator.”

It does exactly what it sounds like it does ”“ it is a simple, portable method of quickly estimating how much you might be expected to pay for spousal maintenance (alimony) and child support if you are involved in a divorce. Knowing is half the battle ”“ our app provides a thorough, inclusive analysis of your financial situation and applies Colorado laws and statutes to help provide you with an accurate estimate of how much you or your spouse will be expected to pay, based on factors like gross monthly income, length of your marriage and a breakdown of costs you might not realize can affect alimony and child support payments. Knowing what to expect ahead of time can help relieve some of the stress and uncertainty of an upcoming divorce.

App Requirements:

If you are on iOS, our app is supported by iPhone, iPad and iPod touch running iOS 8.0 or later.

If you are on Android, you should be able to access our app as long as you are running Android 4.0 or up.

Our Denver divorce attorneys seek to provide the premier client experiences for divorcing couples in Colorado.