Colorado Springs Child Support Attorney

How is Child Support Determined in Colorado?

The purpose of child support is to ensure that children are not deprived of an acceptable standard of living after parents get a legal separation or divorce. With this in mind, Colorado state law applies a model referred to as "income shares" when determining which parent will pay support and how much he or she will pay. The primary deciding factors are the amount of money each parent earns on a monthly basis and how much time the child or children spend with each parent.

Typically, the parent who is awarded child custody will end up receiving child support, and the amount paid will be in proportion to the income of the paying parent. Unlike some states, Colorado uses a formula that takes into account these factors, as well as matters such as costs for child care and health insurance, and whether either parent is financially responsible for any other children from a previous relationship. However, the attorneys at Clawson & Clawson, LLP can help either parent present evidence of why it would be necessary to deviate from the formula based on extenuating circumstances.

Call Clawson and Clawson LLP at (719) 602-5888 today to schedule a consultation with our Colorado Springs child support attorney. Let our team review your financial situation, explain how the state formula applies to your family, and help you understand your legal options moving forward.

Calculating Child Support Payments

If you have more children to care for, your child support payments will likely be higher than those of someone with only one child. The state will also take into account how much you can afford based on your gross income (minus certain essential expenses. Child support payments can also fluctuate depending on the custody arrangement. The more days per year the child/children are with one parent, the more that parent can receive in child support payments.

Extraordinary child expenses, such as medical expenses, will also be taken into account when calculating child support payments. These expenses might include physical therapy, chronic health problems, education needs, special modes of transportation, etc. In most cases, a need is "extraordinary" if the need is not covered by insurance and it costs more than $250 per child per year.

Parents are often unsure what types of documentation they need to provide to make sure these extraordinary expenses are properly considered by the court. Keeping records such as invoices from specialists at local providers in Colorado Springs, receipts for educational services, and statements from your health insurer can all be helpful when preparing your case. A child support lawyer can work with you to organize this information in a way that clearly shows the family court why those expenses should be shared fairly between both parents.

Shared Physical Care and Child Support

In the event that both parents share physical care of their child, child support obligations must be computed for each parent. This is done by multiplying each parent's child support obligation by the percentage of time the child spends with the other parent. The parent who owes more child support will be responsible for paying the difference between the two amounts. This is applicable only in cases where each parent has physical custody of their child for more than 92 nights per year. 

Shared physical care arrangements can be particularly complex when parents live in different school districts or have work schedules that change frequently. In these situations, the court will look closely at the actual number of overnights, the transportation responsibilities between homes, and the impact on the child’s routine. Working with a child support attorney in Colorado Springs can help you present a clear parenting plan to the judge, including how exchanges will work around local schools and activities, so the support calculation matches the reality of your family’s schedule.

Can I modify the child support payment amount?

If you have experienced a substantial change of circumstances that makes the current child support payment amount unsustainable, then you can bring a petition for modification to the family law court. Common reasons for modifying a child support order include job loss, a pay cut, and rising costs in paying for the children's education, health care, and other needs. Either the recipient or the paying parent may submit a modification petition. A Colorado Springs family law attorney can help you present your case in order to persuade the judge to rule in your favor.

When you request a modification, the court will typically expect you to show a significant and ongoing change rather than a brief or voluntary reduction in income. Evidence such as separation notices from employers along the Front Range, updated pay information, or proof of new medical expenses for your child can all be important. A child support lawyer Colorado Springs parents trust can assist you in gathering these records, filing the proper paperwork with the appropriate county court, and preparing for any hearing where the judge may ask questions about your financial situation.

Understanding Child Support in Colorado Springs: Local Insights and Resources

Living in Colorado Springs, you are part of a vibrant community that values family and well-being. Regarding child support, it's crucial to understand how local resources and government entities can assist you. The Colorado Department of Human Services (CDHS) and the El Paso County Child Support Services are key players in ensuring that child support is determined and enforced. These entities provide valuable resources and support for parents navigating the complexities of child support.

One common challenge parents face in Colorado Springs is the high cost of living, making it difficult to meet child support obligations. With the median home price in Colorado Springs significantly higher than the national average, many parents struggle to balance housing costs with child support payments. Additionally, the fluctuating job market in the area can lead to sudden changes in income, making it necessary to seek modifications to child support agreements.

At Clawson & Clawson, LLP, we understand these local challenges and are here to help you navigate them. Whether you're dealing with job loss, a pay cut, or rising costs in your child's education and healthcare, our team is well-versed in the local economic landscape and can provide tailored legal advice. We know the ins and outs of the Colorado Springs community and are committed to helping you achieve a fair and sustainable child support arrangement.

Parents in Colorado Springs also benefit from having their cases heard in nearby courts that handle family law every day, such as the El Paso County Combined Courts and, for some families, the Pueblo County or Douglas County courts. The procedures and expectations in these courthouses can affect how quickly your case moves and what information the judge wants to see. A Colorado Springs child support lawyer who regularly appears in these venues can help you understand local practices, prepare your testimony, and feel more confident when you walk into the courtroom.

Working With a Colorado Springs Child Support Lawyer

Deciding whether to hire an attorney for a child support matter can be difficult when you are already concerned about money and stability for your family. Working with a Colorado Springs child support attorney means you have someone who understands the state guidelines, local court preferences, and the practical impact support orders will have on your day-to-day life. We can help you evaluate your options, whether you are just starting a case, responding to papers that were served on you, or trying to adjust an existing order after a major life change.

From the first consultation, we focus on gathering the information the court will need so that you are not surprised later in the process. This can include reviewing pay stubs, tax returns, parenting time schedules, and documents related to child care or health insurance costs in the Colorado Springs area. We then explain how the law applies to your circumstances in clear terms, help you weigh the pros and cons of settlement versus a hearing at the El Paso County Combined Courts, and prepare you for each step so you know what to expect.

Many parents are worried about how much it will cost to get help and how long their case might take. We discuss fees and expected timelines up front, and we work to resolve cases as efficiently as possible through negotiation, mediation, or stipulations filed with the appropriate family court. By having a dedicated child support lawyer involved early, you can avoid common mistakes on financial disclosures, make sure important details are not overlooked, and pursue a result that is both fair and realistic for your family’s future.

Enlisting the Help of a Colorado Springs Divorce Lawyer

The order to pay child support has the force of law, and if your former spouse has fallen behind or is refusing to pay child support, then a Colorado Springs divorce attorney from Clawson & Clawson, LLP can help you seek legal recourse for enforcement. Penalties for non-payment of child support can include a driver's license suspension, wage garnishment (referred to as "income assignment"), and even a criminal arrest for contempt of court and a sentence of jail time.

Enforcement actions are typically filed in the same county where your original orders were entered, such as El Paso County for many Colorado Springs residents. Before you go back to court, it is helpful to collect records showing exactly what has and has not been paid, including payment histories from the Colorado Family Support Registry or bank records. A Colorado Springs child support attorney can review those documents, explain which enforcement tools may be most effective in your circumstances, and help you pursue a solution that protects your child’s financial needs while following Colorado law.