Child Support Attorneys in Centennial

Child Support Laws in Colorado

Child support payments are generally paid by the noncustodial parent to the parent who has the majority of custody. Under Colorado law, strict and quite complex guidelines have been set up to determine how much a parent is obligated to pay. As parents, you and your spouse (or the child’s other unmarried parent) can determine your own child support but if the amount varies too far from state guidelines, it may not get approval from the court.

Factors Influencing Child Support Payments:

• Income of Both Parents: The court looks at the gross income of both parents, including wages, salaries, bonuses, commissions, and other sources of income.
• Child's Needs: The needs of the child, including health care, education, and any special needs, are taken into account.
• Child's Standard of Living: The court considers the standard of living the child would have enjoyed if the parents were together.
• Time Spent with Each Parent: The parenting time arrangement is important; more time spent with a parent may reduce their child support obligation.
• Other Children: If either parent has other children to support, this may impact the amount of support calculated.
• Health Insurance Costs: The cost of health insurance for the child is factored in, including whether either parent has coverage through their employer.
• Extraordinary Expenses: Any extraordinary expenses related to the child, such as childcare or educational costs, are considered.
• Work-Related Childcare Costs: The costs incurred by a parent to provide childcare while they are working are also taken into account.
• Debt Obligations: The court may consider the parents' existing debt obligations when determining child support payments.
• Income Potential: If a parent is voluntarily unemployed or underemployed, the court may impute income based on their potential earning capacity.
• Other Relevant Factors: Any additional factors that may impact the child's well-being or the parents' financial situations can also be considered.

In cases where a parent becomes delinquent, the courts can enforce child support through various methods, such as contempt of court, potential jail time, fines, and more.

Child support payments can also be modified through the courts when substantial changes in a parent’s or child’s circumstances arise. These can include parental job losses or changes in a child’s medical costs or other needs. Our firm can provide the legal assistance you need in seeking enforcement or modifications.

When Does Child Support End?

In Colorado, child support typically ends when the child reaches the age of 19, which is considered the age of emancipation in the state. However, there are several circumstances where child support may continue beyond this age or end earlier:

When Child Support May Continue Beyond Age 19

• Full-time High School Attendance: If the child is still in high school when they turn 19, child support will continue until the end of the month following their graduation, but not beyond their 21st birthday.
• Physical or Mental Disability: If the child is physically or mentally disabled and cannot support themselves, child support may continue indefinitely, depending on the circumstances and court order.
• Agreement between Parents: If both parents agree, they may set an arrangement to extend child support beyond the typical end date (for example, to cover college expenses).

When Child Support May End Early

• Emancipation: If the child becomes emancipated before turning 19 (e.g., through marriage, joining the military, or being declared emancipated by the court), child support may end earlier.
• Death of the Child: Child support obligations would naturally end if the child passes away before the age of 19.

Is Child Support Automatically Termited?

In Colorado, child support is not automatically terminated when a child reaches the age of 19 or qualifies for emancipation. The paying parent must take action to formally end the support obligation. Typically, this involves filing a motion with the court to terminate child support, providing evidence that the child has reached the age of emancipation or that other qualifying conditions (such as graduation from high school or disability) no longer apply. Without this court action, the child support order remains in place, and payments will continue.