Divorce is hard even under the best of circumstances, especially with children. Child support is one of the most important things that parents have to decide during the divorce process. It affects not only both parents economically, but it is also a significant factor in the child’s stability. In Denver, knowing how child support is calculated can help divorcing parents keep their children’s best interests at heart while making sure to stay in line with their legal obligations.
The Role of Child Support in a Divorce
Child support is necessary to help a child maintain the same quality of life he or she was accustomed to before the split of his or her parents. Under Colorado law, such assistance is considered shared. The non-resident parent is supposed to contribute to the cost of bringing up their children to a standard relative to their earnings and involvement in the children’s lives. Support payments are intended to assist with a variety of ordinary expenses such as shelter, food, clothing, education, medical care, and other essentials. The goal is to give the child as much normalcy and routine as possible, despite the parents no longer living together.
How Child Support is Calculated
Child support in Denver is determined by Colorado’s child support guidelines. These guidelines follow what is known as the “income shares model,” which takes into account both parents’ gross earnings and the amount they would have expended on the child had they lived together. That sum is then divided between the two parents proportionally based on each parent’s income and the amount of time each parent has custody. If you are unsure how this looks for your situation, consult with a local lawyer qualified to offer Denver child support services.
The court also considers other matters, such as health insurance premiums, employment-related childcare, and whether either parent is already paying support for children from another relationship. Parenting time is a central component in the computation; the more overnights a parent spends with the child, the more that time subtracts from a parent’s financial obligation.
Although the guidelines include a standard formula, the court can depart from it in particular circumstances. If the child has any special medical or educational needs that are above and beyond the funds received from the parent, however, then the court could order a different amount of support to meet the child’s special needs.
How to Obtain a Child Support Order
Anytime a couple gets a divorce, the court will need the financial statements from the parents to make an order of child support. If the parents can reach some arrangement regarding the degree and conditions of support, that agreement can be presented to the court for approval. But if there’s disagreement, the judge decides using the child support guidelines. Once the court has issued an order for child support, it is binding, and noncompliance can lead to enforcement proceedings.
What Child Support Covers
Child support is intended to help cover the living expenses needed to raise a child. including the cost of the child’s lodging, food, clothing, school supplies, health care, and travel. The objective is to help the child enjoy the same standard of living that he or she would have experienced if the parents were still married.
Standard child support, though, may not cover all expenses. For example, the guidelines do not necessarily account for costs such as private school tuition, college expenses, or extracurricular activities. Sometimes it makes sense for parents to decide between each other how such costs will be paid and to add these terms into their parenting plan or separation agreement. If they cannot come to a decision, the court will decide based on what it believes is appropriate and necessary for the child.
How an Order for Child Support is Enforced
After child support is ordered, the paying parent is held responsible to pay on time and in full. If they do not comply, the parent receiving the money can make a court application to enforce the order. The state of Colorado has some options to help you get an ex-spouse to pay support. These can involve wage garnishment to the paying parent, intercepting a parent’s state or federal tax refund, suspending their driver’s or professional license, placing a lien on property, or, at worst, filing for contempt in court.
Support is usually paid through the Family Support Registry in Denver to help aid in proper record-keeping and faster processing. This mitigates fights between parents about whether payments were made or received. If you are the receiving parent, and support payments stop, you must take quick action to enforce the order. Delays will make your child’s recovery more challenging and can harm your child’s financial future.
How a Change in Circumstances Changes Child Support
It’s no secret that life doesn’t always stay the same after a divorce, and sometimes a payor’s financial situation or parenting time changes, which makes the child support order unreasonable. A change request can be submitted from either parent if something substantial has changed, for example, a large increase or decrease in income, losing a job, having a new child (from another relationship), or the existing parenting schedule is no longer practical. To change an order, a parent needs to go to court and present evidence for the change. The information will come before the court, and the judge will decide if an adjustment should be made.
Keeping current with child support payments and being proactive regarding any changes will allow you to help protect your child and make certain that the entitlements you have are clearly understood. If you have any concerns about the child support process, contact a family law attorney who can offer guidance specific to your circumstances.