This page and the information contained in it are merely a glimpse into some of the factors and considerations involved in a child support case. If you really want to understand the law and how it relates your particular situation, an experienced attorney must evaluate your individual case and apply the law to your facts. The below information is no substitute for an attorney and should be read in light of the fact that there is much more in the law regarding child support than described here. If you are considering hiring an attorney, please contact us today to discuss how we can assist you.
If there are children in a divorce case or you have a custody case (technically called "allocation of parental responsibilities"), the court has to make a ruling on whether child support should be ordered or not. Child support in Colorado typically follows a complicated formula that is described in the statute. The main variables that establish the child support obligation are the number of overnights that each parent is awarded, the income or income potential of the parties, and expenses associated with the child. The child support obligation that is produced once you establish all of the variables in the formula is called the "presumptive" amount of child support. Deviations from this presumptive amount can be argued and ordered, but it is not common. Also, the parties can sometimes agree to a child support amount, but it is not guaranteed that the judge will order the agreed upon amount.
The complexities involved in the statutory formula and the rules that govern related concepts surrounding child support are way beyond the scope of what can be written here. To really spot all of the issues and to understand what arguments may or may not exist regarding child support there is no substitute for an experienced attorney. At the Law Firm of James French, we ensure that we take the time to discuss your case in depth, so that we can effectively represent you in a case that involves child support - whether you will be on the receiving or paying end.
There are a variety of statutes that affect child support, but the general statue in Colorado regarding child support is Colorado Revised Statute 14-10-115 and can be accessed here.