Last Updated on April 15, 2025 by Divorce Matters
Married or Not, All Parents Owe Child Support
Divorce is already difficult between two adults. When you add children into the mix, it makes the process more complicated with figuring where the child will live, who pays child support, and more.
From daycare to pediatric visits to after-school snacks, it will cost an average $310,605 for a middle-class couple to raise a child from birth through high school. This figure is up more than 9 percent from a calculation based on the inflation rate only two years ago, and it doesn’t even include those costly four years of college.
Fortunately, single parents don’t need to bear this financial responsibility alone. Whether you were legally married or not, who pays child support is backed by Colorado law, which ensures that a “fair share” of each parent’s income is given to the child. Child support is a common matter in divorce cases, of course, but many single mothers and fathers don’t realize their ex-partner may be entitled to or may be obliged to pay monetary assistance as well.
Seeking Child Support?
In order to seek child support, the first step is to establish paternity. This is traditionally filled out on the birth certificate when the child is born, but you could also submit a “Voluntary Acknowledgement of Paternity” form or undergo a DNA test at a later date. Alternatively, the only way to dismiss child support responsibilities is by terminating your paternal rights; this often occurs when a step-parent is willing to take over and provide for the child. While paternity is a key concern in obtaining child support, it should be noted that a mother is just as responsible for contributing financially to a child’s upbringing and may be required to make monthly maintenance payments herself.
Likewise, unmarried same-sex parents are also obliged to share the cost of raising a child. They’ll have to file paperwork under the Uniform Parentage Act to claim parentage, but Colorado has made several advancements in giving non-biological same-sex parents more parental rights. In cases where a non-biological parent has not legally adopted the child or signed the birth certificate, it may also be possible to prove in loco parentis, which essentially means the individual has assumed a parental relationship for all practical purposes.
Once parentage is legally established, the court will plug a number of elements into a standard formula to determine a monthly child support plan. These factors include the number of children, the number of nights spent with each parent, daycare fees, health insurance costs, and each parent’s gross income. The particular needs of the child (“But Lulu can only eat organic carrots!”) are very rarely considered by the court. You can calculate your monthly payments through the Colorado Judicial Department’s website, or with our child support calculator app on your own at any time.
A standard of living adequate for a child’s development provided for by both parents is considered a fundamental human right under the United Nations Convention on the Rights of the Child, and is therefore a very serious responsibility.
Who Pays Child Support? Understanding Financial Responsibility
One of the most common questions in family law is: who pays child support? The simple answer is that both parents have a financial obligation to support their child, but the amount each parent contributes depends on custody arrangements, income, and other financial factors.
In Colorado, the parent with primary custody (meaning the child lives with them the majority of the time) typically receives child support, while the non-custodial parent makes payments. However, in cases of joint custody where time is split equally, the parent with the higher income may still be responsible for making payments to ensure the child’s standard of living remains balanced between households.
Modifying Child Support Payments
Life circumstances can change, affecting the ability to pay or receive child support. If a parent loses a job, gets a significant raise, or experiences a change in custody arrangements, one or the other can petition the court to modify the existing child support order.
Colorado courts recognize that financial situations fluctuate, so either parent can request a review of child support payments if a significant change occurs. However, until a modification is legally approved, the original court-ordered amount remains in effect.
What Happens If a Parent Fails to Pay Child Support?
Failure to meet child support obligations can result in serious consequences. Colorado enforces child support payments through wage garnishment, tax refund interception, suspension of driver’s and professional licenses, and even jail time in extreme cases. If you are struggling to make payments, it’s essential to seek legal assistance rather than ignore the issue.
Seeking Legal Assistance for Child Support Issues
Understanding who pays child support and how payments are calculated can be overwhelming, especially in complex family situations. Consulting an experienced family law attorney can help ensure that the child support arrangement is fair and legally sound. Whether you are seeking payments or are concerned about your obligations, legal guidance can help navigate the process smoothly.
Divorce Matters® is well-versed in child support in the state of Colorado. Our experienced attorneys stand ready to fight for you and your children’s rights and get the best possible outcome for you. If you need help paying or receiving child support, please contact one of Divorce Matters’ knowledgeable lawyers.