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Browse our 1 legal question about Child Support in United States and the lawyer answers, or ask your own questions for free.
it is the discretionary power of the court to determine the amount for the support of your child, it is not fixed amount
Read full answerChild support in Denver is governed by Colorado state law and is applied through Denver family and county courts. The purpose of child support is to ensure that both parents contribute to a child’s financial needs after separation or divorce. Courts use statewide child support guidelines to calculate a baseline obligation based primarily on the parents’ incomes, the number of children, and certain expenses such as health insurance and work-related childcare. Child support orders can be entered through negotiated agreements, court judgments, or by using public child support services that help establish, enforce, and modify orders.
Child support matters are often emotionally charged and involve legal procedures that can affect your finances for years. A lawyer can explain your rights, help prepare accurate financial disclosures, and represent you in court or settlement negotiations.
You may need a lawyer if paternity is disputed, if one parent refuses to pay, if there are complex income sources like self-employment or military pay, or if one parent is intentionally underemployed to avoid support. Lawyers are also helpful when a parent seeks modification because of a substantial change in circumstances, or when interstate enforcement is required under the Uniform Interstate Family Support Act - UIFSA.
A lawyer can protect your interests in cases involving shared custody or unusually high childcare or health-care costs, and can advise on tax implications and how support interacts with other benefits such as public assistance. For people who cannot afford a private attorney, legal aid and self-help resources can provide alternatives.
Colorado applies a statewide child support guideline designed to produce consistent and predictable support orders. Key elements considered in the guideline include gross income of each parent, the number of parenting nights or parenting time, health insurance costs for the child, work-related childcare expenses, and other necessary child-related costs. The guideline can include adjustments for significant parenting time and for additional children from other relationships.
Income definition is broad and can include wages, salary, bonuses, commissions, overtime, rental income, investment income, and imputed income if a parent is voluntarily unemployed or underemployed. Self-employed parents must provide thorough financial documentation, since business deductions can affect how much income is counted for support.
Paternity must be established for the legal father to be ordered to pay support. Paternity can be acknowledged voluntarily, established by a genetic test, or ordered by the court. Once paternity is established, the father gains both rights and obligations, including custody and parenting time rights.
Enforcement tools under Colorado law include income-withholding orders, contempt proceedings, interception of tax refunds, liens on property, suspension of professional or driver licenses in certain cases, and referral to federal enforcement programs. A parent who falls behind on support typically accumulates arrears that carry interest and remain collectible for a long period.
Modification of support is allowed when there is a substantial and continuing change in circumstances - for example, a material change in income, a major change in parenting time, or significant changes in the child’s needs. Modifications require filing with the court or requesting a review through the public child support agency, and they are not retroactive except in specific circumstances.
Support is typically calculated using Colorado s statewide child support guidelines. The calculation starts with each parent s gross income, then subtracts certain allowable expenses and adds child-related costs such as health insurance premiums and work-related childcare. Parenting time can affect the final number. The courts use a worksheet based on the guideline to produce a presumptive order, which can be adjusted for special circumstances.
Either parent can file to establish child support. In many cases, public agencies can also establish and enforce support if a parent receives public benefits. Additionally, if paternity must be established, a mother, alleged father, or the child through a guardian ad litem can start proceedings.
Paternity can be established voluntarily by completing a legal acknowledgment of paternity, or it can be established through a court order after genetic testing. If paternity is established, the father gains legal rights and responsibilities, including potential child support obligations.
Yes. Either parent can request a modification if there is a substantial and continuing change in circumstances, such as a significant change in income, lengthy changes in parenting time, or changes in the child s needs. You must file for modification through the court or request a review through the state s child support agency. Modifications usually apply prospectively, not retroactively, unless the court orders otherwise.
Colorado has several enforcement mechanisms. The state can issue income-withholding orders, seek contempt of court, place liens on property, intercept tax refunds, refer cases for passport denial or license suspension under certain conditions, and use federal enforcement tools. For immediate relief, an attorney or the child support agency can request an income-withholding order or bring a contempt motion to court.
Parenting time can change the support obligation. The guideline worksheet accounts for the number of overnights each parent has with the child or other measures of parenting time. Substantial parenting time with the noncustodial parent can lower that parent s obligation, but courts also consider the incomes and needs of the child when making adjustments.
Yes. Child support orders commonly require a parent to provide health insurance for the child if affordable and available, and the parent s share of insurance premiums and work-related childcare costs are typically included in the guideline calculation. Other extraordinary medical expenses may be addressed separately in the order.
Child support generally continues until the child reaches the age set by Colorado law or until the child becomes emancipated. There are exceptions for children with disabilities who may require continued support beyond the usual termination age. Because rules can vary with specific circumstances, it is important to confirm the expected duration in your order or consult a lawyer.
Yes. Child support is based on financial responsibility, not just physical custody. Even when parents share custody or the child spends significant time with each parent, the guideline calculation and the court can order support based on incomes, parenting time, and the child s needs.
Bring proof of income such as pay stubs, tax returns, W-2s, and 1099s; documentation of expenses like health insurance premiums and childcare costs; a recent copy of any existing court orders; and any records of payments received or made. Also gather records about parenting time and any communications about support. These documents help evaluate your case and calculate a guideline amount.
Colorado Department of Human Services - Child Support Services - statewide enforcement and support unit that assists with establishing, enforcing, and modifying orders.
Denver County Court - the local court that handles family law matters including support actions in Denver.
Colorado Judicial Branch - self-help centers and court forms for family law and child support proceedings.
Legal Aid organizations in Colorado - provide free or low-cost legal assistance for eligible individuals who need help with family law and child support.
Colorado Bar Association or local bar referral services - can help you find a qualified family law attorney for a consultation.
Community mediation and parenting-time programs - many counties offer mediation to help parents reach agreements without prolonged litigation.
1. Gather documents - Collect pay stubs, recent tax returns, proof of health insurance costs, childcare bills, any existing court orders, and records of payments. These materials are essential for calculating guideline support and for any legal filings.
2. Decide on the path - You can apply for child support through the Colorado child support agency, file directly in family court, or try to reach a private negotiated agreement or mediated settlement. Each path has pros and cons in terms of speed, cost, and enforceability.
3. Get legal advice - Contact a family law attorney for a consultation to understand how the guideline applies to your situation, your rights regarding modification and enforcement, and the best strategy for your case. If you cannot afford a private lawyer, contact local legal aid or court self-help services for assistance.
4. Take prompt action for enforcement or emergencies - If a parent is not paying, or if there is an immediate risk to the child s welfare, seek legal help right away to request income withholding, emergency orders, or contempt proceedings.
5. Keep records - Maintain a clear record of payments, parenting time, and communications about support. Accurate records make enforcement easier and help support requests for modification when circumstances change.
Finally, remember that child support rules and procedures can be technical and fact-specific. For reliable guidance tailored to your circumstances, consult a qualified family law attorney or the appropriate child support agency in Colorado.
