How To Give Your Child Emotional Support Through Divorce

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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.

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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.

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.

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

When it comes to child support payments, a court order will not always ensure payments are actually made. If the ordered parent does not make the payments, Colorado has services for collecting the support money owed to the custodial parent. Each state has their own means of collection, in Colorado, Child Support Services (CSS) has the authority to pursue past due payments. In this three-part series we will look at the remedies available through CSS.

Income Related Enforcement

When child support isn’t being paid CSS can impose penalties in ways that affect the parent’s income. There are a few ways CSS can implement this enforcement; wage seizure (garnishment), unemployment benefits seizure, or workers compensation seizure. These options will take money directly from the paycheck of the delinquent parent and be given to the owed parent.

This is possible because employers are required to report all new hires. CSS has access to this report and constantly checks the State Directory of New Hires to search for persons who owe child support payments.

Past due child support payments will accrue interest while they are behind. Depending on the situation, this interest (or part of it) can be waived as an incentive to get payment.

License Suspension

When a parent is paying less than 50% of the set monthly amount or more than 6 months behind, additional actions can be taken on state licensing. CSS can request the Colorado DMV to suspend a driver’s license for non-payment. Professional and occupational licenses can also be suspended for non-payment. Recreational licenses, such as hunting or fishing licenses, can be suspended. To get any of these licenses reinstated, you will need to pay the delinquent amount or make arrangements to pay the past amount.

In the next blog we will look at judicial actions and other income intercepts that can be used in a delinquent child support case.

Why Does Child Support Exist?

Child support is the term that refers to the repetitive payments from the higher-earning parent to the lower-earning parent after a separation. There are no guidelines for gender roles, meaning men can make payments women and women can make payments to men. Depending on where you live, the payment can either be made directly to the other parent or payments can be submitted to a third party (most often the court) and the third party will make arrangements. The purpose of child support is to make sure both parties can support themselves and children following a separation of parents. When one parent has sole custody, the support payments also help ensure income from the non-custodial parent is used to help raise the child.

When did it start?

Child support has been around in the United States for over 100 years. The first laws adopted were under The Uniform Desertion and Non-Support Act of 1910. This legislation made it a crime for a husband to abandon or neglect to provide support for children under 16. This law did not provide a means of punishment so many fathers simply moved to avoid penalty.  Fast forward to 1950 and the Uniform Reciprocal Enforcement of Support Act (URESA) gave states the power to pursue parents across state lines. This act was replaced by the Uniform Interstate Family Support Act (UIFSA) in 1996. UIFSA updated the URESA to incorporate guidelines for jurisdiction, residency, modification of an order, and questionable paternity. Since URESA there have been a number of additional laws passed that help states collect past due or unpaid child support; issues like wage withholding, state agencies to handle collection, Federal income tax garnishment, and other penalties for non-payment of child support.

The goal of these policies is to make sure children don’t get the short end of the stick. The 1990s was perhaps the most influential time for child support because there was a national push for reform after an increase in child poverty rates, long-term dependence on government assistance, and the “feminization of poverty” which refers to the portion of female-headed households that have income below the poverty line.

How long does child support last?

In Colorado child support generally lasts until the child is 19. However, the court can terminate the order at an earlier date, as well as, extend the support beyond age 19 if the child is unable to care for themselves. Also, if a child marries or enter active military duty, the child will be considered emancipated and support for them will be terminated.

Child support can be extremely helpful for parents who need support from the other parent of their child. Sometimes this can be accomplished without a court order if parties can come to an agreement.

If you would like to speak with an attorney about child support we can be reached at (720) 542-6142.