Douglas County Child Support Attorney

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Douglas County Child Support Lawyer

Child support cases can be both legally complex and emotionally taxing. They typically require an understanding of the guidelines set forth by the state. The law looks out for the well-being of the children. Having a Douglas County child support attorney at your side can help ensure that your child’s best interests are taken into consideration when making child support decisions.

Kinnett & Cordes understands the need to make proper and accurate child support payments that will protect your family’s future. Whether you require child support agreement formation, modification, or enforcement, our law firm exclusively handles family law mediations to ensure that we treat your matter with compassion and care. We will stand with you to fight for your child’s financial future and well-being.

Denver Modification or Enforcement of Child Support Orders

Child Support in Colorado

In Colorado, both parents are obligated to support their children. This responsibility also extends to food, shelter, clothes, education, and medical care. Colorado child support laws assume that the right to child support lies with the child and not the parents. Parents therefore cannot opt out of this right even by mutual consent.

Colorado uses state-wide child support rules to establish what’s owed. Such calculations are meant to be equitable and consistent in every instance. However, it’s not always easy to apply the rules to individual circumstances. A professional attorney can assist with this.

How Child Support Is Calculated in Colorado

Colorado operates under the income shares formula, where support is determined by how much each parent makes. The aim is to match the financial situation the child would have experienced had the parents been together. These are some of the factors that are taken into account when calculating child support including:

The income of both parents. Generally speaking, this is the gross income of both parents and includes their wages, bonuses, and any additional sources of income.
Cost of the child. Any expenses related to the child’s upbringing are calculated in this amount, including childcare, healthcare, education, and any medical needs.
The parenting time of each parent. The court will take into account how much time the child spends with each parent.
Any financial obligations. This could include other legal obligations, such as alimony or child support, that one parent is paying for other children.

Establishing Paternity

Before child support can be issued or considered by the court, paternity must first be established. Establishing paternity may require a few steps to consider it legally acceptable. If the child was born while the parents were married, paternity is assumed to be that of the husband. If the parents were unmarried, the parents can either have genetic testing done or sign an “Acknowledgement of Paternity” form.

Modifying and Enforcing Child Support Orders

Sometimes, a person’s circumstances may change, which can warrant a request to modify a child support order. In Colorado, modifications are allowed if there is a substantial and continuous change in the circumstances.

This can include a drastic change in one of the parent’s income, a significant change in parenting time or custody, increased expenses for the child (such as an increase in child care cost or sudden needed ongoing medical expenses), and the child being emancipated.

Unfortunately, in some cases, a child support order may need to be enforced if one parent is not fulfilling their financial obligations. When one parent is not following through on their duties, it can put the other parent in financial hardship.

Colorado has a few options to enforce these orders. First, child support payments can be automatically withdrawn from their income. The court can also issue penalties for non-payment, such as driver’s license suspension, seizure of bank account funds, and interference with tax refunds.

How Remarriage Affects Child Support

Remarriage by either parent doesn’t directly affect child support payments in Colorado. Courts focus on the child’s economic welfare and don’t consider a new spouse’s income when they assign or adjust child support. This is true regardless of whether the custodial parent or non-custodial parent remarries.

However, there is an exception: if a new spouse provides stable financial assets that can count as income, such as cash from a trust fund or generous monthly payments, the judge can include that into the parent’s net worth.

Although remarriage itself has no effect, the presence of further children with a new partner also does not alter an existing child support obligation. Courts ensure that a parent cannot reduce income obligations to his or her present children by having a larger family. However, a child support order could be considered in calculating support for subsequent children so that equal payment is made to both families.

How to Apply for Child Support in Colorado

The process of seeking child support in Colorado consists of several steps. First, you need to determine if paternity hasn’t been established yet. It can be done involuntarily by signing an Acknowledgment of Paternity or by a court order which mandates genetic testing. After determining paternity, you can apply for child support at your county’s Child Support Services (CSS) office or online via Colorado Child Support Services.

To file, you’ll need to submit supporting evidence, such as financial information, information about the other parent, and existing custody arrangements. CSS will utilize this data to determine support using Colorado’s income shares model that accounts for parents’ incomes and needs.

Following submission, a hearing may be held to enforce the support order. Courts in Colorado ensure that child support is awarded fairly and according to the state’s requirements, and it will keep the child financially secure.

What Happens When Child Support Ends?

In Douglas County, Colorado, child support generally ends when the child turns 19. However, there may be certain situations where this may not be the case. This includes situations where the child may still be in high school, in which case the support would continue until the child graduates.

Another exception to this rule would be if the child has a physical or mental disability where the child would still be dependent on the parent despite being of a legal age. In this case, child support would continue.

If both parents decide to continue support after the child turns 19, for whatever reason, they may do so.