When it comes to child support payments, the most important thing is the financial security of the child. Ensuring a child’s financial stability goes beyond a simple number but offers peace of mind and fairness. An Eagle County child support attorney can help you whether you are establishing, modifying, or enforcing a child support order.
Kinnett & Cordes know child support payments are sometimes needed to protect your family’s future. Whether you need a child support agreement to be drafted, amended, or implemented, our firm only represents people in family law mediation to ensure that we provide a personal approach to your case. We will partner with you to protect your child’s financial future and stability.
Child support laws in Colorado presume the entitlement to child support belongs to the child and not the parents. Parents cannot, therefore, reject this right even if they wish to. Both parents have a financial duty to their kids in Colorado. It includes providing food, shelter, clothing, education, and medical treatment.
Colorado enforces child support laws at the state level. Such calculations should be fair and consistent across all cases. However, there may be certain situations where special considerations will need to be taken.
Paternity has to be established before child support can be paid or even heard by the court in Colorado. If the child was born while the parents were married, it is presumed that the father is the husband. Parents, if not already married, may request genetic testing, or sign an “Acknowledgement of Paternity” document.
Colorado uses the “income shares” formula, which means support is given based on how much each parent makes. It tries to be as financially stable as the child would have been if the parents had been together. Here are some of the factors that are considered when computing child support:
Remarriage itself does not automatically change child support establishments. Ultimately, the child’s best interests are of top priority. Therefore, a new spouse would not directly factor into these determinations.
However, if that spouse comes into substantial financial assets, this can change the spouse’s recorded net worth which can impact child support payments. An example of sudden substantial financial assets includes a trust fund.
In addition, even if the remarried spouse expands their family and has additional children, the child support payments will still generally remain the same. Courts make it so that no parent is able to decrease the burden of income on his or her existing children by raising more children. However, if that parent ends up having another child support court-ordered obligation, that could affect payment amounts as the court aims to have all children receive equal treatment.
The courts are aware that special circumstances come up that may require child support orders to receive additional attention. First, in some cases, child support payments may need to be modified. Changes are permitted in Colorado only if the situation changes substantially and regularly.
This can be a dramatic change in one parent’s income, a sudden shift in parenting or custody, additional costs for the child (such as sudden ongoing medical needs), and the child being emancipated.
Another special circumstance occurs when a child support order may need to be enforced if one parent is not meeting their obligations. A failure to perform a parent’s obligations can be costly. Colorado has several ways to enforce these orders.
First, child support payments can be taken directly out of their paychecks. A court can also apply sanctions against payment, such as confiscation of bank accounts and garnishment of tax refunds.
Before you can file for child support, you must first establish paternity. Paternity can be determined by signing an Acknowledgement of Paternity form or getting DNA testing through the court.
Once paternity is established, you can apply for child support payments. To do so, you’ll need to provide documentary evidence such as financial data, other parent information, and current custody details.
Child Support Services will use this information to calculate support based on Colorado’s income shares formula, which considers parents’ incomes and needs. Once submitted, a hearing may be held to enforce the support order.
Colorado courts will make sure child support is given in an equitable manner and within the bounds of the state’s laws and will keep the child financially stable.
A child support lawyer offers critical assistance and representation to get your child what he or she deserves. Whether you need to calculate reasonable support amounts under Colorado’s income shares framework or have a more technical scenario like shared custody or a case in high-stakes conflict, a knowledgeable lawyer can help make it easier and protect your rights.
If you’re seeking child support, a lawyer can assist you with acquiring the financial information, filing court documents, and representing your rights during negotiations or hearings. For those wishing to change an existing order, an attorney can submit compelling proof of a change of circumstances, like an income increase or increased childcare.
In addition, a good child support attorney will be able to anticipate and respond to special situations like self-employment income or special needs children. Their knowledge ensures that the numbers are fair, accurate, and in your child’s best interest. If you have a good Eagle County attorney to help you, you can walk through it with some certainty that your child’s future is in good hands.
Child support determinations are meant to be in the child’s best interests. At Kinnett & Cordes, our law firm aims to protect your child’s interests and fight on your behalf. Contact us today to get started.
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