Avoid Conflict and Protect Your Children

The issue of child support is a common concern for many parents going through a separation, and navigating the complexities of support orders can often lead to added stress and confusion. At Littman Family Law, we understand that child support is just one aspect of the many challenges that arise during a divorce. Whether you’re being asked to pay child support, seeking to receive it, or hoping to modify an existing order, our experienced Denver child support attorneys are here to guide you through every step of the process, ensuring that your rights and your child’s best interests are protected.

In addition to child support, our team is well-versed in handling related matters such as alimony, which often arises in conjunction with divorce proceedings. We recognize that both alimony and child support are essential components in maintaining financial stability after a separation, and we work diligently to ensure that these arrangements are fair and reflective of each party’s circumstances. If you are dealing with a divorce that involves both child support and alimony, our team can provide the comprehensive legal support you need to navigate these interconnected issues.

Moreover, circumstances can change over time, which is why we also specialize in child support modification. Whether your financial situation has shifted, your child’s needs have evolved, or other life changes have occurred, our attorneys can help you pursue a modification to ensure that the support order accurately reflects your current reality. At Littman Family Law, we’re committed to helping you manage the legal complexities of child support, alimony, and divorce, providing you with the guidance and advocacy necessary to achieve a fair outcome.

We understand how difficult a separation where children are involved can be even before this comes into the picture. We’ll do everything we can to make things as hassle-free for you as possible. Let our professional team mediate your agreement. Call us today at 303-832-4200.

How is Child Support Awarded in Colorado?

Colorado state law dictates that the court must award support in an amount that is fair to both parents to ensure an adequate standard of living for the child(ren). A variety of factors go into determining which parent receives support, including the:

• Number of financial resources available to the parents separately
• Number of financial resources that each parent needs to create equitable environments in their separate locations
• Prior standard of living of the child(ren)
• Custody arrangements
• Financial resources necessary to address the child(ren)s individual needs

These factors will help the court determine which parent requires support to care for the child(ren) at the same standard as before the separation. In many cases, the non-custodial parent will be responsible for support payments.

However, in cases where one parent has significantly higher earnings, it is possible for the custodial parent to pay support payments to the non-custodial parent to ensure equal accommodations for the child(ren).

Child Support Payment Determination

It’s vital to disclose all your income, expenses, and assets before the order is finalized.

The monthly monetary determination for the order will typically depend primarily on two factors:

• Your income from:

○ Wages, including those from self-employment

○ Royalties and interest

○ Bonuses

○ Commissions

○ Annuities

○ Trust funds

• The number of overnight stays the child(ren) spend/s with you

As additional factors may apply and child support calculation is a complex process, it’s often helpful to consult with an experienced attorney to better understand how personal factors may impact your child support order. If you have an existing order, an experienced attorney can also help you request a modification to that order if your financial or custodial situation changes.

What Does Child Support Cover?

These are intended to help balance the costs associated with caring for the child(ren) between parents to ensure they continue providing equitable support after separation. They often include costs associated with:

• Housing (rent or mortgage)
• Daycare for the child(ren) of working parents
• Clothing and hygiene items
• Groceries
• Public school education expenses (lunch and supplies)
• Regular transportation
• Health insurance
• Extraordinary medical expenses (orthodontic services, vision care, surgery, etc.)

There are also certain expenses that the court might not include in a basic agreement. Some expenses may be considered extraordinary or beyond basic needs. These extraordinary expenses can require additional mediation to clarify the child support obligation

and may include, but might not be limited to:

• Field trip costs
• School uniforms or sports equipment costs
• Summer camp fees
• Extracurricular club and organization expenses
• Private school tuition expenses

In cases, the court will calculate extraordinary costs and consider adding the amount to the support obligation. The court may also choose to divide the extraordinary cost amongst the parents in proportion to the parent’s incomes. Each case is unique.

Can Child Support Be Modified Due to Misuse?

Parents typically aren’t required to track or show proof of what they use support payments for, and allegations of misuse rarely stand up in court. For instance, you can’t request an order adjustment simply because you don’t like the way the funds are being spent.

However, if the case were severe, for example, the children were being denied basic care (food/shelter) while funds were used for other non-essentials, such as luxury vehicles or vacations, evidence of that misuse could factor into custody determination and affect the order.

The misuse of funds is another topic where the specifics of the case have a significant impact on the likelihood of success. It’s best to consult with an attorney for individualized guidance.

What Qualifies as a Reason to Request a Child Support Order Modification?

The courts understand that circumstances in life can change. The court will consider a child support modification if those changes significantly impact one parent’s ability to pay. Generally, the income of the payor must have changed by at least 10% or more—up or down. Either parent can apply for a modification.

Both parents and the court must agree to any modification requests. Examples of the major changes that may qualify for a modification to child support include:

• Legitimate loss of a paying job or wages
• Increase in income
• Terminal illness of the parent paying child support
• Significant changes in medical costs for the child
• Changes in the majority of parenting time between the parents

Note that both parents also have a responsibility to report any change in their circumstances that may impact the support order. While this more commonly applies to changes in income for the payor, it may also apply to living arrangements for the child(ren). By reporting financial changes in a timely manner, parents can avoid potentially serious legal consequences.

How Are Child Support Orders Enforced in Denver?

Failure to pay support can put an undue financial strain on the parent receiving support. Additionally, failure to pay can negatively impact the standard of living for the child(ren). A court order to pay support can be enforced through a number of legal measures.

Legal measures to enforce support are meant to encourage full payments on a timely basis to fulfill the basic needs of the child. Measures outlined under state law as potential consequences of non-payment of child support ordered by a court might include:

• Garnishing wages from employment income
• Garnishing federal and state tax return payments
• Applying liens against personal properties, vehicles, and real estate
• Reporting non-payment to credit bureaus
• Denying passport for travel
• Suspending driver’s licenses
• Suspending professional and occupational licenses

In addition to these measures, official charges of contempt can be made against non-paying parents. Non-payment of a support order can even lead to jail time.

If you find yourself unable to pay a support order, do not stop paying completely. Any payments made will help establish good faith with the court and may aid in any attempts to request a support modification.

What is Imputed Income in Child Support, and How Can It Affect the Amount of Child Support Due?

The court recognizes that some parents with a support obligation may intentionally quit or change jobs to influence the amount of support due. The court can order “imputed income” to be considered when the court discovers that a parent is manipulating their income to decrease their support payment.

In these cases of deliberate wage reductions, the court can take earning potential into consideration rather than the actual income to determine the amount of support due. If approved by the court, the imputed income rate will be enforced by all applicable laws.

Consult With a Knowledgeable Child Support Attorney

At Littman Family Law, our experienced child support attorneys can assist with all aspects of family law, including, among other services:

• Resolving cases outside of court by using cooperative law techniques and mediation to encourage joint problem-solving between separated parents
• Calculating and obtaining child support on the parent’s behalf
• Drafting/reviewing legal documents associated with your child support agreement
• Consulting on legal issues pertaining to child support, divorce, and other family law aspects
• Acting as a parenting coordinator to facilitate communication and provide advice
• Acting as court-appointed decision-makers to interpret parenting plans and file binding decisions with the court
• Coordinating early neutral assessments with attorneys and mental health professionals to develop a focused parenting plan

Whether you are pursuing child support, are being served support papers, or are having trouble with a current order, you can count on our caring professionals at Littman Family Law and Mediation Services for reliable guidance.

In many cases, we’re even able to negotiate support agreements outside of court. Learn more about the support options available to you today—reach out to our office at 303-832-4200 to discuss your support obligations with an experienced and knowledgeable child support attorney. You can also contact us by email to schedule an initial consultation.