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.

How To Give Your Child Emotional Support Through Divorce

Different colored hands with hearts on the palm

If you are facing divorce or perhaps already going through it, then you know that no matter what happens it will be something that affects your children. This is perfectly normal and there is a natural grieving process that they will go through as they deal with their emotions around your separation. There are ways you can help make sure that your children have the support they need during this time.

The first is to make sure that they know you are there if they need to talk about it. The urge to keep it hush-hush can be strong if you feel like avoiding the topic would be less painful for them. However, letting them know you are available to talk to about it without forcing them to gives them the space they need to process their emotions and feel safe enough to approach you if they have questions or need to share something.

One of the best things you can do for your kids is to try and work out an amicable and conflict free co-parenting plan. Of course, this isn’t always an option depending on the individual situation but if you can work to settle your differences with your ex-spouse for the sake of your kids it will go a really long way in helping them deal with their emotions about the divorce.

Finally, don’t be afraid to get yourself and/or your child professional help if either of you find that you continue to struggle with the divorce in a manner that seems unhealthy. Talking to a counselor or therapist is a great way to learn the tools needed to cope with the stress associated with divorce.

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.

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

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.

[mobile_app_popup]
[ga_event_tracking_forms]

Check Out Divorce Matters® Colorado Alimony Calculator and Child Support App

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 the App Store under the name “Divorce Matters Colorado Spousal Maintenance and Child Support Calculator.”

What Does the Colorado Alimony Calculator Do?

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. If you’re looking for a reliable Colorado alimony calculator or child support calculator, this app is a great place to start. Knowing what to expect ahead of time can help relieve some of the stress and uncertainty of an upcoming divorce.

You Still Need an Attorney

While our Colorado alimony calculator is an excellent tool, it’s just the beginning. Divorce is not just an emotional process – it’s a financial one. Understanding what your future might look like in terms of income, support obligations, and expenses is critical for long-term stability. Our app gives you a head start by offering a general idea of your support obligations, which can help you begin planning responsibly and realistically.

Whether you’re the spouse who may be ordered to pay support or the one who may receive it, having a ballpark estimate helps you prepare. You can begin adjusting your budget, understanding your post-divorce lifestyle, and even negotiating more confidently if you’re pursuing a collaborative or mediated divorce. Many people are caught off guard by the financial implications of divorce. Using our Colorado alimony calculator early in the process can help avoid that.

Still, while technology can be empowering, it can’t replace personalized legal advice. Colorado’s child support and spousal maintenance guidelines are complex – and the final determination involves more than just numbers. A court may take into account factors like parenting time schedules, the specific needs of a child, each spouse’s financial contributions to the household, and potential for future income. That’s why even if you use the calculator, it’s essential to consult with an experienced attorney before making any assumptions or agreements.

Your Financial Future After Divorce

At Divorce Matters®, we often hear from clients who were surprised by the final outcome of their divorce settlement or support order – often because they relied solely on general tools or informal advice from friends or online forums. While our Colorado alimony calculator and child support calculator provides a helpful starting point, an attorney can help you understand what adjustments might apply in your unique situation, and whether the court might deviate from standard guidelines based on special circumstances.

Additionally, an attorney can ensure you’re not missing key financial elements – like shared debts, tax implications, or hidden income – that can affect the fairness of your final agreement. They can also advocate for temporary support during the divorce process, which can make a significant difference in your day-to-day life.

Another reason to focus on the financial aspects of your divorce early and often is because these decisions have long-term implications. For example, if you’re the recipient of spousal maintenance, understanding how long it will last and how it’s calculated can help you plan your return to the workforce. If you’re paying support, it’s important to know what’s expected of you – and what steps to take if your circumstances change in the future.

Planning ahead also helps reduce conflict. When both parties understand how support is calculated and why, it becomes easier to have productive conversations about fairness. This can lead to more amicable negotiations, fewer court appearances, and better outcomes for everyone involved – especially children.

Modifications to Payments

Our Colorado alimony calculator is also helpful if you’re already divorced but believe your support order may need to be modified. Life happens—jobs change, incomes shift, and parenting responsibilities evolve. We can help you with through a variety of scenarios and consider whether it’s time to file for a modification.

At Divorce Matters®, we believe in giving our clients the tools and education they need to feel confident in their decisions. The Colorado Spousal Maintenance and Child Support Calculator app is just one of the many ways we support individuals before, during, and after their divorce. We proudly serve clients throughout Colorado, including Denver, Colorado Springs, Castle Rock, Fort Collins, Centennial, Boulder, and beyond.

Whether you’re just beginning to explore your options or you’re facing a complex support dispute, we’re here to help. Contact us today to schedule a consultation, and let us guide you through the legal and financial realities of your case with clarity and care.

App Requirements:

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

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

Need to Simplify the Child Support Process? There’s an App for That!

It’s amazing how quickly technology is progressing these days ”“ self-driving cars, astronauts taking selfies on the International Space Station, hydrophobic clothing ”“ so it shouldn’t surprise us to discover that when it comes to child support, there’s an app for that.

Ittavi’s SupportPay service allows divorcees to manage child support payments in a streamlined, hassle-free way. In North America, over $200 billion is exchanged for child support. Using SupportPay allows parents private, secure, transparent and automated payments for sharing expenses and managing child support. Medical, child care, education and other expenses, including ones that are not addressed by court order or state-run payment programs, can all be managed through Ittavi’s online service or on the SupportPay app.

Divorce is the easy part, says founder Sheri Atwood. There’s no such thing as a clean break from your ex when a kid is involved ”“ you are tethered to them financially. One parent owes money for shoes, the other for guitar lessons. Who paid for the doctor? The haircut? The back-and-forth can be strenuous, and SupportPay aims to simplify the process.

The best part is that it is totally transparent. You will know how much is being spent by both you and your ex-spouse. You will always know when child support payments are coming up. And if you and your ex are on sour terms, putting a screen between you and your ex can help remove emotion from the picture.

Divorce Matters ”“ Denver Family Law Attorneys

How Can Senate Bill 12 Help Single Parents Needing Child Support?

Child support seems like a reasonable, straightforward concept: the non-custodial parent contributes funds to the custodial parent to financially assist with raising their child. Anyone with children understands how expensive they are!

In practice, though, the system is much more complex, particularly for low-income families. When it comes to parents receiving Temporary Assistance for Needy Families (TANF) in Colorado, child support money does not go directly to the struggling parent. Instead, the single parent assigns his or her right to collect child support to the state; the state is then responsible for collecting from the other parent and keeps the child support funds.

It stands to reason that the families with the lowest incomes in the state should receive the child support money directly. However, that is not the way it works right now.

Senate Bill 12 seeks to rectify this issue. If the bill is passed, Colorado would join two dozen other states that send a large portion of child support to the custodial parent and children instead of the government. It would also strengthen the family in a variety of ways:

  1. The most substantial change is a direct increase in household income for struggling families.
  2. Receiving child support payments can reinforce the ties between parent and child; if a child knows that the non-custodial parent is supporting their development financially, it is reasonable to assume the child would see the gesture as meaningful, strengthening their bond indirectly.
  3. From a fairness perspective, it only makes sense that the non-custodial parent’s child support payments benefit the child and not the government.

The Colorado Senate Health and Human Services Committee passed the bill, which now will go to the Senate Finance Committee. The bill is sponsored by Sen. John Kefalas from Fort Collins and is endorsed by the editorial board of the Denver Post, the Lutheran Advocacy Committee, the Colorado Catholic Conference and the Bell Policy Center.

Although this is a very serious issue, we cannot help but remember Helen Lovejoy of The Simpsons: Won’t someone think of the children?

Divorce Matters ”“ Denver Child Custody Lawyers

Source: https://www.denverpost.com/editorials/ci_27334999/let-child-support-go-kids-not-government

What Can I Do About My Past-Due Child Support? (Part III of III)

How Can a Private Attorney Help My Case?

We’ve discussed the actions you can take to collect past-due child support. In our third part of the series we will look at how private attorneys can help collect money from a delinquent parent.

CSE vs. Private Attorney

One of the biggest up-sides to having an attorney work on your past-due child support case is that they will be much more motivated to collect money than your local Child Support Enforcement agency (CSE). State agencies will have a long list of cases that are in progress; this means case workers will have a limited amount of resources to use on each case. Private attorneys will have far fewer cases and can give your case the personal attention it deserves. Private attorneys are also able to work for “contingency fees,” meaning you can pay the attorney when you collect payment.

CSE Limitations

There are a few limitations when it comes to CSE collecting past-due child support. CSE will only go after the principle amount of the support order unless there is a judgment from the court; this means interest or other payments (e.g. ½ of extracurricular expenses) won’t always be addressed. The state may also have limited resources for finding a missing parent- this can be a major set-back when trying to collect child support. Interest, in Colorado, on past due amounts, is compounded monthly at 12%. This can turn into a large number quickly, with some cases having tens of thousands of dollars in interest and penalties alone!

An experienced divorce lawyer will be an asset for your case- they will know how to get a judgment so CSE and the attorney can work together to track down your money. Our attorneys are also experts at finding missing people- our team utilizes state-of-the-art resources to track down almost anyone with a connection to the outside world.

The bottom line is that hiring a private attorney to help your past-due child support case can be very helpful. The attorneys at Divorce Matters know how to leverage resources in ways that will maximize the return for our clients. If you have a past-due child support case, we can help. Call us at (720) 542-6142.

What Can I Do About My Past-Due Child Support? (Part II of III)

In the first part of our series we looked at some of the ways Child Support Services (CSS) can help get payment of past-due child support in the forms of income seizure and state license suspension. Today we will look at judicial actions and other interception techniques that can be used by CSS.

 

Intercepts

Intercepts refer to the ways CSS can collect funds that are going to the delinquent parent, in order to give money to the other parent.

Tax Return Garnishment

One method used frequently is tax return garnishment; CSS can seize Federal and State tax refunds of people who have outstanding child support balances. Lottery and gambling winnings are another area where CSS can step in to intercept cash and non-cash prizes to ensure payments are made.

Credit Reporting

CSS will report past-due accounts to major credit reporting agencies. After 180 days the accounts can be turned over for collection. This is not necessarily something that will help get payment, but it might encourage a delinquent parent to think twice before defaulting on payments.

Judicial Actions

CSS has the authority to issue judgment for any amount of past-due child support. CSS can also place liens on property, real estate, or the vehicle of a person who is behind on payments in an attempt to collect the debt.

Contempt

If a parent is found in contempt of court for willfully failing or refusing to do what a judge has ordered they can be fined and/or jailed. For this to happen you must be able to prove the delinquent parent had the means to pay and chose not to.

Federal Prosecution

In more serious cases, federal charges can be filed for non-payment of child support. If the delinquent party has left the state where the child lives and refuses to pay child support, they can be charged with a Federal misdemeanor and even a felony, depending on the situation.

If you have questions about collecting past-due child support or any other family law issue, we are here to help.