Dedicated Child Support Lawyers in Greenwood Village, CO
Helping with the modification and enforcement of support orders
Colorado law makes both parents financially responsible for their children’s needs. The law applies equally to parents who have gone through a divorce or legal separation, as well as those parents who were never married. At the Law Offices of Leonard R. Higdon in Greenwood Village, our family law attorneys represent parents in child support matters. Most often, we manage the issue during divorce proceedings, but we also represent unmarried parents, as well as parents with an existing child support order where one party is seeking enforcement or modification. We take meticulous care to seek disclosure of all income sources so that an accurate assessment of an obligation can be made. Whenever a deviation from the presumptive amount of support is sought, we alert the court to all pertinent facts supporting our client’s desired outcome. When you retain our services, you get experienced counsel and aggressive advocacy in support of your rights.
How are Colorado child support payments calculated?
Colorado considers several facts, including the total gross income of both parents, the number of children to be supported, the number of overnight stays with each parent annually, the costs of work-related childcare, and health insurance for the children to reach a presumptive amount of child support. As income plays a great role, complete financial transparency is mandatory. Sources of income can include:
- Salary or wages, including overtime
- Commission and fees
- Bonuses
- Rental property income
- Dividends
- Severance
- Pensions, retirement benefits and Social Security benefits
- Royalties
- Interest
- Trust income and annuity payments
- Capital gains
- Workers’ compensation benefits
- Unemployment insurance benefits
- Disability insurance benefits
- Insurance benefits meant to replace lost wages
- Monetary gifts or prizes
- Alimony or maintenance received
Sometimes it is necessary to compel disclosure of sources of income through legal means. If a spouse is deliberately attempting to hide income, it may be necessary to hire a forensic accountant to prove the deception. When a party deliberately underreports income or earns less to mitigate a child support obligation, the court can impute income to raise support to the proper amount.
Colorado family law courts also have discretion to deviate from the presumptive amount of child support to meet a child’s special needs or enable the children to maintain the standard of living they enjoyed prior to their parents’ divorce.
What are the penalties for missing child support payments?
Many delinquent child support cases result from an inability to pay or retaliation for interference with the supporting parent’s rights. When a supporting parent has the funds to meet the obligation but willfully refuses to do so, the court has various options to compel enforcement, which include:
- Garnishing wages
- Seizing bank assets
- Intercepting tax refunds
- Suspending driver’s licenses, professional licenses and sporting licenses
- Jail for contempt of court
Our legal team regularly represents recipient and paying parents in these matters.
Is it possible to modify an existing child support order in Colorado?
Life is full of uncertainty. Accidents, illnesses, business reversals and unemployment happen. Therefore, even a fair child support order can become problematic in short order, due to:
- Increased expenses due to a child’s special needs
- Downward change in the supporting parent’s income
- Upward change in the custodial parent’s income
- A change in the number of overnights the child spends in each parent’s home
If you find yourself in jeopardy of missing payments or you are not making ends meet with your current amount of support, you should immediately speak to an attorney about seeking a modification of the existing order.
Contact a Greenwood Village child support lawyer today for a free consultation
The Law Offices of Leonard R. Higdon in Greenwood Village, CO provides personalized representation for clients in child support disputes. Call 303-740-1966 or contact us online to schedule a free consultation.
