Child Support Attorney

The attorneys at Philip Goldberg PC have extensive experience litigating child support issues in Colorado. Whether you need child support to care for your child or need to ensure you are not overpaying child support, we can guide you through the process.

Child Support in Colorado

Colorado courts may order a parent to pay child support in cases involving divorce, legal separation, paternity, parental responsibilities, and independent support proceedings. A court can award child support if the parents have joint custody or shared parenting time, or if one parent exercises sole parenting time.

The amount of child support awarded is based on multiple factors including the needs of the child, the time the child spends with each parent, both parents’ incomes and financial circumstances, and other factors. The length of time a parent must pay child support often depends upon the age and health of the child.

The paying parent can request that the court reduce or terminate the child support obligation in some circumstances. Similarly, the recipient parent can request that the court increase or prolong the child support obligation in some circumstances.

If you are facing a child support issue, contact us to schedule a consultation.

How Is Child Support Determined in Colorado?

The court typically determines the child support obligation using a statutory formula.

The formula includes:

Each parent’s gross monthly income
The number of overnights the child spends with each parent during the year
Child care costs
Healthcare costs
Any income earned by the child
Any extraordinary expenses incurred for the child
Other relevant factors

Courts may deviate from the child support guidelines if the application of the guidelines would be inequitable, unjust, or inappropriate.

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How Does the Court Determine the Duration of Child Support?

Generally, a child support order lasts until the child reaches age 19 unless the child gets married, enters active military duty before age 19, or otherwise emancipates. The court may continue support beyond age 19 if the child is still in high school or an equivalent program. Also, the court may extend support if the child has a mental or physical disability where they cannot independently care for themselves.

Child Support FAQs

Does a Parent Have to Keep Paying Child Support if they Quit Working?

It depends. A parent cannot get out of paying child support by refusing to work. If the parent is voluntarily unemployed or underemployed, the court may calculate child support based on that parent’s potential income.

The court does not typically consider a parent voluntarily unemployed or underemployed if they are physically or mentally incapacitated, caring for a child under age 24 months, incarcerated for 180 days or more, or their employment is a good faith career choice that is not intended to deprive the child of support and does not unreasonably reduce the support available to the child.

Is Health Insurance Included in Child Support?

The court typically provides for the child’s current and future medical needs by ordering either parent or both parents to initiate medical or medical and dental insurance coverage for the child through currently effective medical or medical and dental insurance policies held by the parent or parents, purchase medical or medical and dental insurance for the child, or provide for the child’s current and future medical needs through some other manner.

Do I Have the Right to Know How Child Support Payments are Spent?

No. Colorado law does not require the recipient parent to account for how they spend child support payments.

What Happens If the Payor Refuses to Pay Child Support?

If a parent refuses to pay child support, Colorado law provides child support enforcement mechanisms to assist the recipient in collecting delinquent payments and ensuring receipt of future payments. These mechanisms may include:

Income Assignment – The court orders the payer’s employer to direct child support payments directly to the recipient.

Contempt Proceedings – Colorado law provides for both remedial and punitive contempt. Under remedial contempt, the payer may purge the contempt by complying with the court’s orders. Under punitive contempt, the court may order sanctions and, in some circumstances, incarceration.

Judgment Remedies – Periodic child support payments become final judgments when left unpaid after the due date. The judgment gives the recipient the right to pursue collection proceedings against the payor including interest on the past due payments.

Security – The recipient may request the court to order the payer to post security, bond, or other form of guarantee to secure payment of child support.

Additional Remedies – The county child support enforcement agencies work to protect the child’s right to receive support. These remedies may include intercepting funds from a variety of sources.