Denver Child Support Lawyer
Protecting Your Right to Fair Child Support Orders
When parents separate, determining child custody and parenting time arrangements is only part of the picture. Parents in a divorce or custody case also need to consider how to pay for the financial support of their children. Under Colorado law, both parents have a responsibility to financially provide for their children, which is ultimately reflected in court orders regarding child support.
Colorado has specific requirements regarding what constitutes a fair amount of child support to be paid. In most cases, whether you reach an agreement or take your matter to trial, child support is going to be set based on the statutory guidelines set forth in C.R.S. 14-10-115. However, there are many other legal issues to deal with related to child support, including as relates to child related expenses, how support will be paid, and enforcement of those orders. The child support attorneys at Plog & Stein, P.C. in Denver, CO can help with all of your child support needs and will fight for you to make sure you are treated fairly, both in and out of court.
Hire the Right Child Support Lawyer
When it comes to the well-being of your children, there’s no room for error. We understand that as a parent, you want to give your children the best life possible. Part of that means making sure you are receiving, or paying, a fair and proper amount of child support. It also means helping our clients with all aspects of their child support cases, including:
- Establishment of Child Support
- Modifying Child Support
- Enforcement of Child Support Orders
- Dealing with child related expenses
- Child Support Judgments
- Wage Garnishments
- Interstate Child Support Cases
Plog & Stein, P.C. always works with your best interests in mind, regardless of your circumstances. Our Denver child support lawyers have over 70 years of combined family law experience that we use in finding the best approach to the unique needs of your case. No matter the stage of child support matter, we understand the legal process and will be there to advocate for you by providing the intelligent and thorough legal assistance you need.
With each case, our attorneys will:
- Use our exceptional negotiation and litigation skills to work for the best possible outcome in your child support case, both in and out of the courtroom.
- Give you the dedicated attention and quality legal representation you deserve.
- Listen to your specific circumstances and develops a strategic and sensible plan for resolving your case.
- Utilize their years of family law and child support experience to make sure your case is handled effectively and efficiently.
- Honestly and appropriately advise you at every turn so that you can make intelligent decisions regarding how to proceed.
At Plog & Stein, we know the law and understand what’s necessary to zealously advocate for you, the client. Call us today at (303) 781-0322, or contact us online to speak with one the child support attorneys in our firm.
Why Do You Need a Lawyer for your Child Support Case?
An experienced family attorney can be an important asset during the entire child support process, not just in contentious cases. Colorado’s child support guidelines set strict rules on how much financial support parents must give, as both parents are responsible for the well-being of their children.
Because the calculations and nuances for determining appropriate levels of support can be complex, it can be difficult for those unfamiliar with the legal system to determine what’s fair or the best course of action. Child support litigation entails more than just running numbers on a child support calculator. The numbers going into the calculation matter and litigation often arises regarding those numbers, such as income or appropriate expenses.
If you and the other parent disagree on the terms of support, you should contact an attorney. While it is possible to represent yourself in court, you may find yourself at a disadvantage, especially if the other side has retained a lawyer.
Our Denver, CO child support attorneys can also help you determine your best course of action, file a case if the noncustodial parent isn’t paying any or part of their ordered amount, and make sure you’ve met all state guidelines before submitting your agreement for approval.
How Do Courts Determine Child Support?
Colorado has statutory guidelines, set forth in C.R.S. 14-10-115, to ensure that children receive an appropriate amount of financial support from their parents. In Colorado, the primary factors going into the child support calculation include incomes of both parents, as well as costs such as daycare and health insurance. Another significant factor impacting the monthly child support amount stems from the child custody arrangements and the overnight parenting time each parent has. There are other subtleties that can also affect the bottom line, such as children of other relationships or alimony received.
In many cases, the parent with less visitation will likely be the one paying child support. However, in situations with great income disparity, it is conceivable that the custodial parent could end up paying child support to the other parent who has less, yet significant parenting time. Likewise, a 50/50 visitation schedule doesn’t mean there is no child support paid, unless incomes are very similar. It should also be noted that child related expenses are generally split proportionate to the parents’ incomes, regardless of which one pays monthly support.
Child Support Laws in Colorado
In Colorado, the legal obligation to support a child typically runs until age 19. However, if the child still attends high school, parents must pay support until graduation or age 21, whichever comes first. Child support can also extend indefinitely, beyond age 19, if a child is unable to care for themselves due to a disability.
Child support orders can also include provisions for payment of child care, health insurance, educational, travel, and medical expenses. When formulating orders in your child support case, the experienced family law attorneys at Plog & Stein understand the importance of detail. Making sure you get the correct orders the first time can prevent the problems and costs that ambiguity may bring in the future.
The statutory guidelines apply to families with combined adjusted gross incomes under $360,000 per year. Higher income families going through a divorce or child custody case can anticipate a court looking at other factors enumerated in statute which generally aren’t raised in the average child support case:
- Financial resources of the child
- Financial resources of the custodial parent
- Child’s standard of living if the parents did not dissolve their marriage
- Physical, emotional, and educational needs of the child
- Financial resources of the noncustodial parent
While some courts may be willing to calculate, or extrapolate, a monthly support amount beyond the upper limits of the C.R.S. 14-10-115 guidelines, others may not. Each case is different from the other and your unique circumstances may have a bearing on the outcome in yours. Whether your child support case is simple or complex, we’re ready to help you through it. The only goal of the professionals in our firm is the best outcome for you, the client.
Plog & Stein, P.C. has been serving Denver families since 1999, and we are familiar with all facets of the child support process. With client throughout the Denver metropolitan area and the State of Colorado, we are familiar with the courts we work in and the procedures required to resolve your case. Each of our attorneys is equipped with the knowledge, skills, and experience needed to help you through this difficult time. Let us focus on the legal aspects of your family law case. Knowing you are well represented allows you to focus on the other things that matter in your life.
All Aspects of Child Support Litigation
The array of services the attorneys at our firm provides doesn’t stop at the initial establishment of your child support orders. Knowing that child support orders will be in effect for many years, we offer a full range of child support related services. We’ve helped thousands of people with child support issues and have maintained many lasting relationships with our clients, over the years. After your initial orders enter, we will be there for you to provide the legal help you need related to modification and enforcement of those orders.
Modifying Your Child Support Orders
C.R.S. 14-10-122 authorizes modification of child support orders based on changes in circumstances. Though modifications are ultimately concluded using the same Section 115 calculation, the specific standard is that there has been a “substantial and continuing” change which changes the current child support amount by 10% or more. Statute reflects the reality that over time, things change. Incomes and jobs, even careers can change. As children get older, changes to the visitation schedule can also have an impact. When these major events happen, we can help you deal with them as relates to child support.
Modifications of child support are generally going to be applied retroactively to the date a Motion to Modify Child Support is filed. Though filing a motion is relatively easy, it may be months before your case is settled or goes to trial. As such, timing matters. If you believe your child support orders needed to be changed, don’t wait. Quickly seeking out the skilled legal help you need can have an impact on amount you will ultimately pay or receive.
Enforcement of Child Support Orders
Despite the requirements of Colorado law for parents to pay any ordered child support payments, this is unfortunately not always what happens. Some parents may consistently make late or partial payments, and others may even avoid paying altogether. When this happens, you have a right to legal action and various options available to you.
We can serve as your child support enforcement attorneys, helping you determine the best methods for enforcing your orders. You deserve to receive appropriate help from your child’s other parent, no matter the circumstances. We’ll use our experience to defend your rights so that you can continue to give your children the quality of life they deserve.
When dealing with enforcement of child support orders, the remedies can include contempt of court, wage garnishment, asset seizure, and more. Additionally, statute also authorizes interest to accrue on any unpaid child support at the rate of 12% per year, compounded monthly. Courts take payment of child support seriously, and so do we. We represent parents on either of a child support enforcement case and understand the rights afforded to each.
Let Our Denver Child Support Attorneys Help You
No matter what type of legal assistance you need related to child support, the attorneys at Plog & Stein, P.C. are here for you. Our attorneys understand that this isn’t just a legal case for you; it’s your family and your future. In every case, we take time to learn about our clients’ circumstances and provide customized legal help that addresses their specific needs. Our attorneys are compassionate and experienced.
Contact us, today, to schedule a consultation with a member of the Plog & Stein family law team.