Colorado Child Support
At H&H Law, we understand that matters involving your children are paramount. Navigating Colorado’s child support system can feel complex and emotionally charged, whether you are establishing, modifying, or enforcing a support order. Our dedicated family law attorneys provide the clear guidance and assertive representation needed to protect your child’s financial well-being and your own financial stability.
We are committed to securing fair and accurate child support arrangements for families in Colorado Springs and throughout the state.
Understanding Child Support in Colorado
In Colorado, child support is the financial foundation ensuring a child’s needs are met by both parents, regardless of their marital status. It is a right belonging to the child, not a payment to the parent. The state’s public policy mandates that parents financially support their children, reflecting the principle that a child should benefit from the resources of both parents as if they were still together.
It is critical to note that child support is a separate legal obligation from parenting time (custody). A parent’s financial duty exists even if they have limited or no contact with the child.
What Expenses Does Child Support Cover?
Child support is primarily intended to cover a child’s essential living expenses. The basic monthly support obligation addresses costs such as:
- Food
- Housing
- Clothing
- Basic transportation
However, Colorado law recognizes that children have needs beyond the basics. The court will also issue orders allocating costs for additional expenses, including:
- Work-related childcare
- Health insurance premiums
- Uninsured medical, dental, and vision expenses
- Educational fees
- Extraordinary expenses, such as for extracurricular activities or special needs
How Colorado Calculates Child Support: The C.R.S. § 14-10-115 Formula
Colorado uses an “Income Shares Model” to calculate child support. The goal is to ensure the child receives the same proportion of parental income they would have received if the parents lived together. The calculation is based on a statutory guideline formula found in C.R.S. § 14-10-115.
The primary factors in the guideline calculation are:
- Each Parent’s Gross Monthly Income: This includes income from nearly all sources.
- Number of Overnight Stays: The amount of time the child spends with each parent.
- Payments for the Child: The amount each parent pays regularly for health insurance and work-related childcare.
- Number of Children: The number of children the parents share and any additional children in which a parent must legally provide support.
The court generally adheres to the guideline amount. However, an attorney can argue for a deviation from the formula if its application would be inequitable, unjust, or inappropriate for your specific circumstances. Attorneys at H&H Law have successfully argued for a deviation if there are significant travel expenses associated with parenting time or if a party has significant financial obligations related to their health, or the health of another child.
What Counts as “Gross Income” for Child Support?
Colorado law defines “gross income” broadly for the purpose of calculating child support. It is not limited to your taxable income from a W-2 or the income listed on your tax return. It can include:
- Salaries, wages, tips, and commissions
- Bonuses and overtime pay (in many circumstances – even if not guaranteed)
- Self-employment income and retained earnings
- Rental income
- Retirement benefits and pension payments
- Social Security and disability benefits
- Interest and dividend income
- Trust distributions
Determining a parent’s true income can be one of the most contentious aspects of a child support case, especially with self-employed individuals or those with complex compensation structures, or incentive pay. If a parent is voluntarily unemployed or underemployed, the court may “impute” income to them based on their earning potential.
An experienced attorney from H&H Law can conduct the necessary financial discovery to ensure income is reported accurately, protecting you from an unfair support order.
Modifying a Colorado Child Support Order
Life changes, and child support orders can change too. A parent can request to modify an existing support order by proving a substantial and continuing change in circumstances.
Under Colorado law, a change is typically considered “substantial” if it would result in the child support obligation changing by 10% or more. Common grounds for modification include:
- A significant increase or decrease in either parent’s income
- A change in the allocation of parenting time (overnights)
- Changes in the cost of health insurance or childcare
- The emancipation of a child
A modification is only effective from the date a motion is filed, not the date the life change occurred. It is crucial to act quickly.
Enforcing Child Support Orders in Colorado
When a parent fails to pay court-ordered child support, you have powerful legal options. H&H Law can help you take decisive action to collect the financial support your child is owed. Such remedies include filing a judgment or an income assignment to obtain the funds directly from an employer.
Filing a Motion for Contempt or Enforcement
As the receiving parent (Obligee), you can file a motion with the court against the paying parent (Obligor). Potential remedies include:
- A court judgment for all past-due payments plus statutory interest
- An award of your attorney’s fees and costs
- Garnishment of wages and bank accounts
- In severe cases, fines or even jail time for contempt of court
Working with Child Support Enforcement Unit (CSEU)
Colorado’s Division of Child Support Services and CSEU can also assist in enforcement. This government agency has broad powers to collect unpaid support, including:
- Intercepting state and federal tax refunds
- Seizing property and financial assets
- Suspending driver’s licenses, professional licenses, and recreational licenses
- Reporting the debt to credit bureaus
While CSEU can be effective, they represent the state’s interest and cannot provide you with legal advice or represent you on related matters like parenting time. A private attorney works directly for you to pursue all available remedies efficiently and can act as your liaison to those state agencies.
Why You Need an Experienced Child Support Attorney
While you can navigate the child support system alone or with CSS, retaining a private attorney provides significant advantages. The attorneys at H&H Law can:
- Handle Complex Income Situations: We ensure a thorough and accurate calculation of income, which is the foundation of a fair order.
- Manage All Related Issues: Unlike CSEU we can represent you on intertwined matters like parenting time, decision-making, and post-secondary education expenses.
- Advocate for Deviations: We can build a strong case for why the standard guideline calculation is unfair in your situation.
- Expedite Enforcement: We can act quickly and decisively to file enforcement actions and secure the money your child deserves.
Contact H&H Law for Your Colorado Child Support Case
Like any of the other legal concerns you may have about your children, child support can quickly become a complicated and even heated issue. Our attorneys will guarantee you know your rights and make it a priority to keep your and your child’s needs in mind to ensure you get the support you need. Contact H&H Law today 719-626-4661 or contact us online to schedule a consultation with a skilled Colorado family law attorney.
