CHILD SUPPORT AND PARENTING TIME IN COLORADO. Parents need to understand how the State of Colorado calculates Child Support. The right attorney can guide you through this process, and a skilled attorney knows the details of the process to help make certain the amount of child support is fair and reasonable to support your children without financially stressing you.
Child support in Colorado is one of the most serious factors and decisions made during your divorce or parental responsibility action. Agreeing to the wrong amount could leave you broke and not paying can lead to jail time.
Doing this wrong the first time could cost you thousands more than you should have paid or thousands more you should have received!
Child support becomes an order of Colorado Court. The failure, to pay support, could lead to the garnishment of your wages, the loss of your driver’s license and possibly jail time if the other party can show your ability to pay to provide for your children. Trying to raise children adequately without receiving the Court ordered child support could impact your ability to parent.
- You should hire an attorney to make sure you do not commit to or get ordered to pay child support in an amount above your means. That wouldn’t help your children!
- You should hire an attorney to look into the amounts calculated for your gross income or left out of the other party’s gross income.
- You should hire an attorney to negotiate a parenting time schedule that is in your child’s best interest without paying amounts that exceed your financial abilities.
Warning: If you changed your parenting schedule without going back to Court in Colorado to modify support, you might still be liable for amounts owed under the orders never changed.
Although critics say attorney’s calculate child support by plugging numbers into a set formula, there are several matters to consider before an accurate amount of child support can be determined. The first and most often contentious issue for child support is parenting time.
One of the most significant factors in calculating child support is how many over nights each parent has with the children. If a parent has less than 93 of the 365 nights of the year, this is considered a worksheet A or sole custody arrangement. When the parents share parenting time of more than 93 overnights each, then child support is calculated in worksheet B. In addition to how much parenting time each parent has, the worksheet includes the following factors: Gross Income of the Parties – How much money do you earn each month?
The gross income of each party and what percentage each has of the combined gross income is the first determination. This amount explains how much money the family had to support the children of the divorce and need for child support. The definition of gross income in Colorado Revised Statutes 14-10-115.
There are several items considered as income. To make sure the income is calculated fairly, you must hire an experienced attorney like Teddi Ann Barry, P.C. There are a variety of circumstances to consider with gross income.
- A party may be underemployed and now earning less than she did during the marriage.
- Non-guaranteed overtime or bonuses can be mistakenly included in support.
- High-income earners and more complex income streams or self-employed parties have business expenses and other considerations that should be factored out of the monthly gross amount before calculating child support.
- A client’s current income does not reflect all earnings during the marriage, so considerations need to be made for a deviation of a lesser amount, to be paid. There are arguments for a cap amount based on the actual needs of the children.
The other costs – What else must be paid for the care of our child? In addition to the overnight parenting time schedule and the gross income of the parties, the worksheet calculates the amounts each is paying for child care, health insurance, and any extraordinary expenses that may be necessary to financially support the children.
We can negotiate travel costs if the parents live in different states; private school tuition if the parties agree to send the children to certain schools, and sometimes activity fees can be agreed upon for the children.
It is essential to have a Colorado family law attorney to help you properly calculate, advise and consider the amounts that you should pay or receive for your child support. With a proactive approach to settlement and negotiations for our clients going through divorce in Colorado, we go above and beyond to seek what is in your child’s best interests that may also not be considered in the worksheet math.
With the right attorney, you may be able to negotiate a deviation to the child support amount. All too often parents ruin a consistent parenting time schedule for the children to save or get more child support. There are often much better ways.
At Teddi Ann Barry, PC we work diligently to find creative solutions for parents facing the financial stress of divorce in Colorado and monthly payments for sharing their children.
Often there are family specific solutions that eliminate the stress and pay for all of the reasonable needs of the children without sacrificing the parenting plan best for them. Successfully save your children and restructure family by hiring experienced attorneys to help you negotiate child support.
Call us now for advice and guidance before committing to court-ordered child support. 720-722-0776
A PARENTING TIME RELATED TO CHILD SUPPORT Colorado family law attorney is essential to help you properly calculate, advise and consider the amounts that you should pay or receive for your child support. The first and most often contentious issue for child support is parenting time. One of the most significant factors in calculating child support is how many over nights each parent has with the children. Read More
GROSS INCOME ISSUES The gross income of each party and what percentage each has of the combined gross income is the first determination. This amount explains how much money the family had to support the children of the divorce and need for child support. §14-10-115 of the Colorado Revised Statutes provides a comprehensive list to determine gross income. You can review the list here but it’s always best to work with a qualified attorney on the issue. Income can be complicated especially when there are complex assets. Read More
DEVIATION & EXTRA-ORDINARY EXPENSES In cases where the parents’ combined income exceeds a certain amount, or a parenting plan is negotiated with the idea that the children’s needs can be met for a lesser amount – or on a rare occasion a greater amount – the parents can ask the Court to deviate from the amount computed for the child support worksheet. Read More
CHILD SUPPORT CALCULATOR While anyone can input the numbers into the worksheet, the legal expertise is necessary to know what numbers you should be using and how. Not only is there the number of overnights to consider, but…
- ~ Is the same overnight schedule best for different kids?
- ~What is each parent’s gross income?
- ~ Who is paying health insurance and what are the deductibles etc. for the plans?
- ~Is that parent who is paying health insurance actually paying or is in an employee benefit?
Teddi Ann Barry PC Features
When you decide to Divorce in Colorado, call Teddi Ann Barry, PC. Our mission is to resolve your family legal matters, quickly, efficiently, and in the most cost-effective manner possible. We have experience in all areas of family law, including high conflict litigation when necessary and permitted by Colorado Law
Teddi Ann Barry PC Family Law attorneys have offices throughout the state of Colorado, specifically including Denver, Cherry Creek, Vail, Avon, Steamboat. Our Home office is located in Denver at 899 Logan Street, Suite 203 Denver, CO 80203. Our phone number at this location is 720-722-0776. Our Vail location is at 30 W. Benchmark Road, Suite 214, Avon, CO 81620 970-949-0776.
Teddi Ann Barry PC focuses exclusively on Family law matters including, Divorce, Legal Separation, Mediation and Settlement Conferences, Common Law Marriage, Maintenance, Child Support, Parental Responsibility, Parenting time, Child Custody, Modifications, Paternity, Step-Parent Adoptions, Collaborative Law, Non-traditional Families and Pre and Post Nuptial agreements.
Our mission is to resolve your family legal matters, quickly, efficiently and in the most cost effective manner possible. We have experience in all areas of family law, including high conflict litigation when necessary and permitted by Colorado law.
Please call us for a private complimentary consultation call us in Denver, Colorado at 720-722-0776 or our Vail-Avon office and surrounding mountain communities at 970-949-0776.
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