Denver Child Support & Modification Lawyers
How Is Child Support Calculated in Colorado?
Colorado's child support statutes require that every child receive an adequate amount of financial support from both parents to help ensure a healthy upbringing. Payments are typically made by the parent without custody to the parent with custody until the child turns 18 or is done with high school.
Although the state provides a guideline on how to determine child support, calculating a fair and reasonable amount can become complicated. Parents may dispute the amount or one spouse may hide or conceal income sources. If you need help resolving child support matters, contact our team for assistance.
The court calculates child support based on a variety of factors, including:
- Your gross monthly income
- Your former partner’s gross monthly income
- Any spousal support you pay or receive
- Any child support or maintenance from previous marriages, and
- Costs of providing health care.
- If the child is young enough to require day care, the court considers those costs of childcare as well.
If your financial circumstances change significantly or any of these factors increase or decrease dramatically, the court will reconsider your circumstances and change your support order.
When Should I File to Adjust my Order?
Child support arrangements are official court orders, and failing to follow a child support order may result in legal consequences. However, life is full of uncertainty and change. If your circumstances change dramatically, your child support arrangement may be adjusted to compensate. If you lose your job and can no longer pay for child support, you can file for modification of child support through the court.
Your child support order can be modified more than once. In fact, you can file a modification request as often as needed. If you or your former spouse suffers a job loss or other financial hardship, you may request an adjustment immediately. There is no limit to how often your financial circumstances can change; thus, you can adjust your child support order as often as necessary. Your request will only be accepted if your change in circumstances is substantial, resulting in the child support order decreasing or increasing by at least 10 percent.
How to Change Your Child Support Order in Colorado
To change your support order, you may file a motion to modify your child's child support order with Child Support Enforcement in your county or with the court that ordered child support. You will be required to submit updated financial documentation to show that your circumstances have substantially changed.
This legal process can be made easier with the help of a qualified Colorado child support attorney. If you have questions about support modifications or are uncomfortable handling the motion alone, contact Feldmann Nagel Cantafio PLLC today.
Age of Majority / Emancipation & Child Support in CO
Child support must be paid until the child reaches the age of emancipation, also known as the "age of majority," which is 18 years old in the state of Colorado.
There are exceptions, however — such as if a child quits high school, but then re-enrolls and continues in school past the age of 18. Children who are enrolled in college and are still dependent on their parents (they can be working as long as it is solely to pay their school tuition) may not be considered emancipated until age 21. Other exceptions include marriage, joining the armed forces, or employed and not living with their parents, all of which result in emancipation after age 18.
Once a person reaches 21 years of age, they are emancipated regardless of their living, financial, or educational situation.
If the order you wish to modify was issued in a state outside of Colorado, you may need to file a request for modification through that state’s system. If your former spouse still lives in the state that the order was issued in, the motion should be filed there. If neither you nor your former spouse lives in the original state, the motion should be filed in the state that your former spouse lives in. If you have a case open with Child Support Enforcement, contact the unit in your county to determine where you should file.
Our Child Support Lawyers are Ready to Help
At Feldmann Nagel Cantafio PLLC, we are dedicated to helping families resolve their legal issues. We have helped residents throughout the state of Colorado resolve complex family law problems and are ready to give your case the assistance it needs.
Talk to a Colorado child support attorney at Feldmann Nagel Cantafio PLLC today. Your first consultation is free. Se habla Español.