FORT COLLINS
CHILD SUPPORT LAWYER

• The mental and physical capacity of each parent
• Any history of domestic violence
• Schedule
• Relationship with the children
• Criminal history

None of these factors are a guarantee of either child support or child custody, but it is important to keep in mind that any factors that may harm the children, i.e. domestic violence charges, criminal history, unstable mental health, etc., may sway the court to rule for child support payments over active involvement.

Late child support payments

Once a child support contract has been created via a family law attorney and approved by the courts, the supporting parent is obligated to make their payments on time, every month. The court enforces these payments because they know them to be essential to the wellbeing of the child or children involved. Therefore, failure to pay on time is considered a serious infraction. In fact, failure to pay, or late payments, are treated as a contempt charge. A contempt charge can result in additional fines or even imprisonment. This is why it is absolutely essential to submit child support payments on time every month.

Child support modifications

Though child support agreements are strictly enforced by the courts, changes can still be made. Sometimes, circumstances change, and it is only appropriate to alter a child support payment schedule to reflect that. Changes that may warrant a modification include:

• A change in income of either spouse
• Loss of a job
• A change in custody
• Change in cost of living of the supporting or the supported parent
• Changes in the child’s healthcare
• The supporting parent begins to receive public assistance
• Emancipation of the child

Though this is certainly not an exhaustive list, it gives a good idea of situations in which a child support modification may be warranted.

Should i get a lawyer for child support modification?

Law attorneys are not required for modifications, but it is in your best interest to hire one anyway. The stakes surrounding child support are extremely high, as the situation is directly related to your relationship with your children. If you do not hire an attorney, you jeopardize your relationship with your kids, and your ability to support them.

What’s more, the court may see your lack of attorney as a sign that you do not care about your children enough to hire one. Though this may not be the case, it is important to understand that the court’s impression is important, and it is in your best interest to make a good one. Without an attorney, you cannot do that.

Ultimately, a child support attorney will be able to ensure that your child support modification is fair, warranted, and legal. They will be able to walk you through the necessary steps, and ensure that the court sees your side of the story.

Ending child support payments

There are a few reasons that child support payments can be terminated. Though there aren’t many official reasons, it is possible to petition the court if your situation falls outside of the following criteria. However, it is unlikely for the court to approve the termination unless the following criterion has been met, or you and your child’s other parent both agree.

Otherwise, child support payments automatically end in the state of Colorado if:

• The child turns 19
• The child gets married
• The child enlists in the military
• The child is otherwise emancipated

In these situations, child support payments are no longer necessary, and the agreement can be dissolved.

Ending child support at 19

Sometimes individuals have questions about why Colorado enforces child support payments until the child turns 19, rather than 18. On a basic level, this is to ensure that the child is out of high school when payments end. Because most students turn 18 while in their senior year of high school, ending payments at 18 would mean that the custodial parent would lose support before the child is ready to leave the house. Consider a child with a summer birthday. The child could turn 18 the summer before their senior year and the custodial parent would lose financial support for the following year, but the child would still live with the parent to go to school. For this reason, Colorado enforces payment until the age of 19.

Child independence vs. emancipation

It is important to make a distinction between a child’s independence and their emancipation. Emancipation is a legal process, and is recognized by the law. This process means that the child is no longer under the guardianship of a parent. Emancipation can occur for a variety of reasons, and triggers an automatic end to child support payments. A child’s independence, on the other hand, is subjective, and does not trigger an automatic end to these payments.

For example, if a child turns 18, moves out of their custodial parent’s home, and pays rent on their own home, they are not automatically considered emancipated. The process must be done officially in order for it to be recognized by the courts. For the supporting parent, this is important to note. If your child no longer lives with their custodial parent, but you are making payments to that parent, you must make a petition to end your child support payments. The process would not be automatic, as it is with an emancipation.

What is the minimum Amount of child support in colorado?

It is important to understand that child support payments vary in amount, and there is no set formula for deciding what your payments will be. Ultimately, the court will assess your situation as a whole and develop a fair amount. However, there is a minimum amount that is called for according to Colorado law. The minimums are:

• $50 per month for one child
• $70 per month for two children
• $90 per month for three children
• $110 per month for four children
• $130 per month for five children
• $150 per month for six or more children