Colorado Springs Child Support Lawyers

Knowledgeable Child Support Attorneys Serving El Paso County, CO

Divorce with children is complicated. Don’t navigate this legal road alone. Instead, secure a trusted team to guide you. At Drexler Law, our child support attorneys in Colorado Springs are proud of our accomplishments, accolades, and associations; however, we are most pleased about the results we have achieved for our clients and our clients’ word-of-mouth referrals to our firm. Take a moment to peruse the reviews of Drexler Law and call us to set up your initial consultation.

Our experience and confidence show in the courtroom to be sure—a member of our team has been named to the Super Lawyers® Rising Stars® list, and we are a National Academy of Family Law Attorneys Top 10 firm. For many years running, our attorneys and our law firm have achieved Client Choice Awards and other professional recognition based on our reputation, experience, and results.

During your legal separation, divorce, or custody proceedings, it’s imperative that child support is addressed and that you and the court have provided for your children.

Simplifying the Calculation of Child Support in Colorado Springs

Colorado uses a joint responsibility model for child support. Based on the combined income of the parties, Colorado applies a statutory child support obligation and then shares that financial obligation between the parents based on a proportion of income and adjusting for the number of overnights exercised by each parent according to the custody plan or parenting plan.

In essence, the court determines the incomes of the parties to establish the amount of money that would have been available to spend on the children of the marriage or relationship, perhaps as if the marriage continued.

Child support utilizes the gross income of the parents, meaning that income is factored without adjusting for tax consequences, tax withholdings, required deductions, or voluntary deductions from pay.

Accordingly, a parent who earns more money may be given larger financial responsibilities. The courts also consider how much time each parent spends with the children. In most cases, the non-custodial parent will pay child support to the other parent; however, the calculation of child support takes into account that both parties are contributing to the financial support even though it seems like only one party ends up paying a support obligation.

Colorado uses two child support calculation worksheets, referred to conveniently enough as Worksheet A and Worksheet B. Child Support Worksheet A is utilized when one parent takes on the primary parenting time or custody role, meaning that the other parent exercises 92 overnights or less with a child. This situation is common when one parent is not available based on work schedules, geography, military assignments (PCS or training), court-imposed limitations or restrictions on parenting time, or the inability to parent based on factors that are sometimes out of a parent’s control (e.g., a serious disability, drug addictions). Worksheet B is more typical with shared custody situations where it’s necessary to maintain two separate households for a child.

Successfully navigating these worksheets is critical because inaccuracies can lead to future legal issues and financial imbalances. Proper calculation ensures fair responsibility distribution and helps maintain focus on the child's best interests. Legal counsel can provide invaluable support during this process, ensuring all financial details and unique circumstances are considered, such as changes in employment status, additional children from other relationships, or unanticipated expenses impacting the ability to pay child support.

When a couple has multiple children and where the children may not exercise the same parenting time schedule based on a variety of circumstances, the calculation of child support is more complex, and it’s important to perform the calculation correctly and consistently with Colorado law, which is a constantly evolving process that has occupied many cases brought to the Colorado Court of Appeals.

Call Drexler Law or contact us online to learn more about the proper calculation of child support.

Maximizing Child Support Use in CO

Child support should meet the basic needs of each child, but the funds can also be used to enhance the child’s life experiences.

Child support can be spent on:

• Educational expenses
• Clothing
• Food
• Sports camps
• Housing
• Transportation
• Living expenses

This list is by no means exhaustive. It is important to note that child support is intended to be applied to a child’s needs, and that it would be improper to use the support payments for personal expenses that deprive the children of their basic needs. Colorado law is sparse on penalties on misappropriating child support payments; however, in the cases that have resolved the issue, it’s clear that serious remedies are available to enforce the application of child support payments.

In addition to the basic child support obligation calculated using the Child Support Worksheets, the court is also tasked with allocating between the parties, usually in proportion to income or other agreed upon allocation, the costs associated with the following:

• Extraordinary Medical Expenses (out-of-pocket expenses other than insurance premium payments)
• Extracurricular activities
• Dental and orthodontics costs

Parents should also consider setting aside funds for unexpected expenses or future needs, such as higher education. Proactively managing these costs can significantly enhance a child's opportunities and quality of life. It is crucial to document all expenses accurately and maintain an open dialogue with the other parent about the financial needs of the child to prevent misunderstandings or disputes concerning the use of child support. Maintaining a cooperative approach can benefit all parties involved and ultimately serve the best interests of the children.

Insurance Challenges & Solutions in Child Support Cases

If both parents are unable to afford insurance, the children may qualify for public medical benefits. The court will typically order one party to provide Medical, Dental, Vision, and Mental Health Insurance for the benefit of the children with the insurance premiums built into or calculated in the Basic Child Support obligation. By law, extraordinary expenses include required orthodontic care or braces for minor children.

In situations where public medical benefits are needed, it's important for both parents to understand the eligibility criteria and application process for government assistance programs such as Medicaid or CHIP (Children's Health Insurance Program). These resources ensure that children receive the necessary healthcare even when private insurance is unaffordable. Drexler Law can help parents navigate these options, providing guidance on accessing public resources efficiently and ensuring compliance with legal requirements to protect the children's health and well-being.

Child support calculations, court hearings, and the paperwork involved in this process can be complex. A miscalculated child support obligation can have a serious impact on the ability of a parent to provide for the needs of a child.

Call Drexler Law and let our highly qualified and experienced attorneys and support staff ensure a proper calculation of child support, taking into account the income available and the needs of the children.

If your particular circumstances justify a deviation from the Child Support Guidelines (upward or downward), it’s critical that any deviation be presented to the court for approval. In all deviations, the court must make a factual finding that the deviation would be in the child or children’s best interest.

At Drexler Law, we are a family law firm that will treat you like family. We make every effort to keep our clients comfortable. This includes being available for them, answering their questions, and giving voice to their concerns.

Understanding Your Rights & Responsibilities in Child Support

Navigating the complexities of child support can be overwhelming, especially during emotionally charged times. At Drexler Law, we believe that knowledge is power. Understanding your rights and responsibilities is crucial for ensuring the well-being of your child and protecting your interests.

Here are some essential points to consider:

• Legal Obligations: Both parents have a legal duty to support their child financially. Familiarizing yourself with Colorado's child support guidelines can help clarify what is expected of you.
• Modification of Support: Life circumstances can change, and so can your ability to pay or need for support. Learn how to file for a modification if your situation changes, such as job loss or a significant change in income.
• Enforcement of Support: If a parent fails to meet their child support obligations, there are legal avenues available to ensure compliance. Understanding these options can help you take action when necessary.
• Impact on Parenting Time: Child support and parenting time are interconnected. Knowing how support agreements affect visitation rights can help you navigate custody discussions more effectively.
• Resources for Assistance: There are various resources available, including state agencies and legal aid, that can provide assistance and guidance in understanding child support matters.

At Drexler Law, our experienced team is here to guide you through every step of the child support process. We are dedicated to ensuring that your child's best interests are prioritized while also protecting your rights. Reach out to us today for a consultation!

How Our Experienced Colorado Springs Child Support Lawyers Can Help

When navigating the complexities of child support, having a dedicated legal team by your side can make all the difference. At Drexler Law, we understand that child support matters are not just legal issues—they are deeply personal and emotional. Our experienced attorneys are committed to providing you with not only legal guidance but also the compassion and understanding you need during this challenging time.

Here’s why clients in Colorado Springs trust us with their child support proceedings:

• Personalized Attention: We take the time to understand your unique situation and tailor our approach to meet your specific needs.
• Proven Track Record: Our successful history in child support matters demonstrates our ability to achieve favorable outcomes for our clients.
• Transparent Communication: We believe in keeping our clients informed every step of the way, ensuring you never feel lost or overwhelmed.
• Comprehensive Support: Beyond legal representation, we offer resources and guidance to help you navigate the emotional aspects of child support.
• Community Commitment: As a local firm, we are deeply invested in the Colorado Springs community and understand the local laws and regulations that affect your situation.

Choosing the right legal representation is crucial. At Drexler Law, we are here to advocate for your rights and ensure that your child's best interests are prioritized. Contact us today for a consultation and let us help you secure a fair and just outcome.

Frequently Asked Questions About Child Support in Colorado Springs

Navigating the complexities of child support can be challenging, and it’s common to have questions about the process. Below are some frequently asked questions that may help clarify your concerns:

1. How is Child Support Determined in Colorado?

In Colorado, child support is primarily determined by the Income Shares Model, which takes into account both parents' incomes and the needs of the child. The Colorado Child Support Guidelines provide a formula to help calculate the support amount, ensuring fairness and consistency.

This method ensures that the child maintains the same proportion of parental income as before the separation. It is essential to gather detailed financial documentation to reflect true income accurately, including side jobs, bonuses, or business revenues. This preparation helps avoid contentious disputes and ensures the child's financial needs are appropriately met by both parents.

2. Can Child Support Be Modified?

Yes, child support orders can be modified under certain circumstances, such as a significant change in income, changes in the child's needs, or changes in custody arrangements. It’s essential to work with a knowledgeable attorney to navigate the modification process effectively.

Timeliness is essential in modification requests. Filing promptly once changes occur, such as new job roles or unexpected financial hardships, can prevent extensive back payments and ensure the case is heard expediently. Legal advice can guide parents through evidential requirements and procedural steps to facilitate smoother modifications.

3. What Happens If a Parent Fails to Pay Child Support?

If a parent fails to pay child support, the receiving parent can take legal action to enforce the order. This may include wage garnishment, tax refund interception, or even legal penalties. Our attorneys can help you understand your options for enforcing child support payments.

Consistent communication with legal professionals can offer strategies to recover unpaid support. Bringing issues to the court's attention early can also prevent further financial stress. Courts enforce strict penalties against non-payment, underscoring the importance of compliance to avoid long-term repercussions.

4. How Long Does Child Support Last in Colorado?

In Colorado, child support typically lasts until the child turns 19, graduates from high school, or becomes emancipated, whichever occurs first. However, this can vary based on specific circumstances, and it’s crucial to stay informed about your obligations and rights.

Parents anticipating future support obligations should consider factors like potential college support or financial assistance beyond the age of majority under specific conditions. Securing legal guidance can provide clarity on obligations and help anticipate changes that impact support duration.

5. What If My Ex-Spouse is Not Reporting Income Accurately?

If you suspect that your ex-spouse is not reporting their income accurately, it’s important to gather evidence and consult with a child support attorney. They can assist you in addressing the issue through legal channels to ensure that the child support amount is fair and reflective of the true financial situation.

Addressing reporting inaccuracies requires careful documentation, including records of suspected unreported income or financial discrepancies. Legal professionals can aid in bringing these issues to court, presenting concerns convincingly to ensure judicious findings. Addressing this promptly can prevent long-term miscalculations in support.

The Impact of Child Support on Education & Healthcare in Colorado Springs

Child support plays a crucial role in ensuring that children receive the necessary education and healthcare they deserve. In Colorado Springs, child support arrangements often include considerations for educational costs and medical insurance premiums. Parents are encouraged to work collaboratively to cover expenses such as school tuition, fees for extracurricular activities, and necessary educational supplies. By doing so, they ensure that children have access to quality education, which can significantly impact their future opportunities.

Healthcare is another critical aspect covered by child support arrangements in Colorado Springs. Parents are typically required to maintain health insurance for their children, ensuring access to necessary medical care, dental services, and vision needs. Regular health check-ups, vaccinations, and emergency treatments are part of these considerations to safeguard the child's health. The comprehensive approach to include both education and healthcare ensures that children's essential needs are met, promoting a balanced development. At Drexler Law, we understand the importance of these factors and strive to create child support agreements that reflect the true needs of the child to foster a healthy, well-rounded upbringing.

Filing for Child Support in Colorado Springs: A Step-by-Step Guide

Filing for child support in Colorado Springs involves several steps that parents should understand to ensure the process is handled efficiently. The initial step involves gathering all relevant financial documents, such as pay stubs, tax returns, and expense receipts, to provide a clear picture of the financial situation to the court. This documentation is essential for accurately calculating the child support obligation using Colorado's Income Shares Model.

Next, parents need to complete and submit the appropriate legal forms, which can be obtained through the Colorado Department of Human Services or local family courts. These forms include a petition for child support and, if applicable, a modification request. Filing these documents officially with the court initiates the child support process. Throughout this procedure, having legal representation from Drexler Law can be invaluable. Our team helps ensure that all filings are accurate and conform to local regulations, reducing the risk of delays or errors. By understanding each step and having supportive legal counsel, parents can better navigate the complexities of the child support system in Colorado Springs, ensuring their children's financial needs are met consistently and reliably.

Reach out to our Colorado Springs child support attorneys at (719) 259-0050 or contact us online to start your petition for support.