Child support is a legal term that describes the court-ordered payment that is made by one parent to the other for the benefit of their child or children. Child support laws differ in each state, but all child support orders typically determine the amount of the support based on the custody or possession of the child or children by each parent, as well as the parent’s income and finances.
The parent who does not have primary physical custody of the child, or who lives with a child less than half of the time, is generally the parent who is ordered to make child support payments. This parent is often referred to as the noncustodial parent.
The purpose of child support is to provide for a child’s financial needs, even in situations in which they do not live with both parents. Legally speaking both parents are responsible for the financial support of their children. As such, child support is necessary in order to ensure that both parents are fulfilling their legal financial obligations to their child.
Examples of common financial needs that are addressed by child support payments include, but may not be limited to:
- Food, shelter, and clothing for the child or children;
- Medical care and health-related expenses; and
- Educational expenses, such as private school tuition or daycare expenses.
Mandatory child support is the legal means by which a court can ensure that noncustodial parents are contributing to the needs of their child or children. The word mandatory means that the support is required by law, and the parent who is required to pay cannot escape that support obligation. Additionally, the parent with physical custody of the children cannot refuse to accept the child support payments that the court has ordered for the child.
When parents do not share physical custody equally, or when the child lives with one parent more than half of the time, the parent that the child spends less time with will be required to pay child support. This parent that pays child support is commonly referred to as the “obligor.” Any gender of parent can be ordered to pay child support, and it is not necessary that the parents were ever married in order for a parent to be ordered to pay child support.
When there is a dispute regarding who the biological father of the child is, the court will generally order a paternity test in order to determine paternity before calculating and ordering child support. Adoptive parents are also subject to child support laws. However, absent a legal adoption, step-parents are not obligated to pay child support to their step-children.
How Can an Individual Petition for Child Support in Colorado?
In order to obtain an initial child support order in Colorado, you will first need to petition the court for a child support order. The instructions, forms, and child support worksheets to help you petition for child support can be found through the Colorado Judicial Branch website. Additionally, each local court in Colorado will also typically have a copy of the forms on their website.
Any parent petitioning for child support will need to provide certain information to the court, including:
- The basic information about the non-petitioning parent (i.e. the parent who the petitioning parent is requesting child support payments from), such as their name and current address
- Importantly, this information will be used to serve the petition and accompanying documents on the non petitioning parent;
- The name, address, and social security number of petitioning parent;
- The name and address of the last known employer of each parent;
- Income information for both parents, including each parent’s assets;
- The birth certificate of the child for whom the child support is sought;
- A record of any previous child support order, especially if there was an order received in another state;
- Information about the child’s living expenses, including the cost of health care, daycare, or other special needs; and
- Any other documentation that may help the court determine the correct amount of child support or prove paternity, if paternity is contested.
How Is The Amount Of Child Support Payment Determined in Colorado?
As noted above, each state has its own guidelines that are used to calculate the specific child support payment in each situation. However, child support payments are generally based on the specific circumstances of the parents who will be paying. The support guidelines will generally give the court a range of options, and the judge can order an amount within that range.
In the state of Colorado, the child support guidelines are designed to ensure that children receive the financial support that they need from both parents. As such, the guidelines consider a variety of factors, including but not limited to:
- The income of both parents;
- Whether or not the noncustodial parent has other financial obligations such as other child support orders or alimony orders;
- The number of children being supported; and
- The custody arrangement of the children.
Each parent in Colorado will be required to submit their financial information to the court, generally in the form of a financial statement that outlines all their monthly income and expenses. The court will then use this financial information, as well as the amount of time that each parent spends with the child pursuant to any custody arrangement and visitation schedule, along with the state child support calculator in order to determine the amount that will be owed each month.
For further information the Child Support Guidelines can be found in §14-10-115, Colorado Revised Statutes (“C.R.S.”).
What If the Obligor Refuses to Pay Child Support?
In short, there may be severe legal consequences for failure to pay court-ordered child support. Examples of legal penalties for failure to pay child support include:
- Reporting the failure to pay to credit agencies;
- Suspension of driving or professional licenses;
- Liens on personal property; and
- Wage garnishment.
Additionally, if an individual does not timely make child support payments, the court may also issue a retroactive child support order. One action that a custodial parent may do is contact the Child Support Enforcement Unit (“CSEU”). The CSEU will pursue the parent that is not making timely child support payments and help the custodial parent enforce their child support order.
It is important to note that the CSEU has additional enforcement measures beyond what is usually available to private attorneys in Colorado. For instance, if an obligor fails to pay court-ordered child support, the CSEU may revoke their driver’s license or even their professional occupational licenses.
However, the CSEU is usually overrun with requests for assistance in enforcing orders, and as such they can take longer to obtain results than a private attorney.
When Do Child Support Payments End in Colorado?
Child support payments in Colorado typically last until the child turns 19, or until the month following the child’s graduation from high school, whichever comes later. However, the obligation to make payments may continue for a longer period if the child suffers a disability and cannot become independent or self-sufficient.
Additionally, the support obligation may also last longer if the parents choose for the support obligation to last until a later specified period, such as the child graduating college or turning 26.
Do I Need a Lawyer for Help With Colorado Child Support?
As can be seen, there are a wide range of laws that deal with the payment and collection of child support in the state of Colorado. As such, if you have a case that involves a child or an existing child support order, it is in your best interest to immediately consult with an experienced Colorado child support lawyer.
An experienced Colorado family law attorney can help guide you through the child support process, whether that be obtaining the initial order, modifying an existing order, or terminating child support altogether. Finally, an experienced Colorado family law attorney can also represent you in court, as needed.
