When the marriage between two parents ends, both parents still have a financial obligation to their children. Even though Colorado has set guidelines for establishing child support payments, the process can be difficult for parents as they set up their own households.
Child support is one of the most difficult matters to settle between parents when they are divorcing or separating. It’s often best that you’re represented by a child support lawyer in Boulder. The Boulder family law attorneys of Stahly Mehrtens Miner LLC have the experience you need to help you settle your matter. Contact us and schedule your child support consultation now.
What Our Clients Have To Say
“I give this law firm my highest recommendation.” – Sherry C.
Why Choose a Boulder Child Support Lawyer From Stahly Mehrtens Miner LLC?
- Child-Focused Approach: Our Boulder child support attorneys prioritize the welfare and best interests of your children at every stage of the legal process.
- Comprehensive Understanding of Your Family Dynamics: Our experienced attorneys thoroughly assess your family dynamics, including your children’s needs and preferences, to create a custody plan that promotes stability and positive relationships.
- Dedicated Advocacy and Support: We highly value our relationship with you and provide compassionate advocacy and unwavering support. Our goal is to protect your parental rights while ensuring a seamless transition for your children.
Meet Mike Miner: Founder and Partner
With 37 years of overall legal experience and 28 years dedicated specifically to divorce and family law in Boulder County, attorney Mike Miner epitomizes a seasoned family law practitioner. Mike prioritizes settling family law matters, striving for favorable outcomes for his clients. However, in rare instances where settlement proves elusive, his extensive experience as a trial lawyer equips him to effectively advocate on behalf of his clients in court.
Why Is Child Support Important?
During the time that the parents were together, both had the financial responsibility of taking care of the children as mentioned above. Separating or divorcing in Boulder doesn’t remove the financial obligation for the parent who will no longer live in the family home.
Child support is important because it helps to fairly distribute the financial burdens that are associated with raising children. In the event of the dissolution of a marriage, the court may order that one parent give the other parent money for child support.
For both the children and the parents, it’s crucial that the child support payment amount is fair. When a fair child support agreement is reached, it is better for the co-parenting relationship. It makes it more likely that the payments will be made.
When the payments are made because the payment is reasonable and fair, the children get more of what they need. It is important to note that while child support is part of the court-ordered parenting plan, is it separate from the division of time spent with children and other parental responsibilities including child custody in Boulder. It’s best to contact a Boulder child custody lawyer for that situation.
Factors That Impact How The Court Makes Child Support Decisions in Boulder
Child support is one factor of the parenting plan required by the Colorado court. When determining how much child support should be paid, the court takes several factors into consideration. Determining who pays child support and who receives it is based on:
- The number of overnights the child(ren) spends in a parent’s home
- Each parent’s income
- Additional financial resources of the custodial parent
- The financial needs and situation of the non-custodial parent
- Costs associated with childcare or education
- Who is paying for the children’s health insurance and how much it costs
- Any financial resources of the child
- The child’s current standard of living (during the time of marriage)
- The physical and emotional well-being of the child
- And more
Child support payments may be ordered by the court before the dissolution of a marriage is finalized or at the time of finalization. It is important to note that as soon as the payments are court-ordered, they are enforceable by law.
How Will Boulder Child Support Payments Be Determined?
In most cases, the basic amount of child support obligation can be calculated using a formula based on your monthly income. However, there are some situations where the formula may not apply.
To get a better understanding of your child support situation, it is best to work with an experienced Boulder child support attorney. A good child support attorney can help you understand the nuances of child support statues in Colorado and help you protect your rights.
Is There a Minimum Child Support Amount Per Child in Boulder?
Colorado statutes do provide a minimum amount of child support per child. Under State statute JDF 1822, the minimum support obligation only applies if each parent has at least 93 overnights with each child.
For one child that each parent has at least 93 overnights with, the monthly minimum obligation is $50 per month. For two children that each parent has at least 93 overnights with, the monthly minimum obligation is $70 per month.
However, if you do not have 93 overnights with your child each year or if the minimum child support amount isn’t something that the other parent would agree to, you have the option of coming to an agreement with the other parent.
Some additional things to keep in mind about child support in Boulder:
- The amount of child support is based on the combined income of the parents and the number of children.
- The court can consider other factors, such as the cost of daycare, health insurance, and extraordinary expenses, when determining the amount of child support.
- Child support is typically paid until the child reaches the age of 18, or 19 if they are still in high school.
- Child support can be modified if there is a significant change in the circumstances of the parents or the child.
Can You and the Other Parent Agree to No Child Support?
In some states, parents have the ability to agree to no child support under certain circumstances as long as the judge agrees that it is in the best interest of the child. However, Colorado state law does not allow this even when the parents believe that this is in the best interests of their child.
Instead, it is encouraged that both parents come to an agreement on a reasonable amount for a child support payment. The law does allow parents to agree to a lower amount of child support than what is suggested by the Child Support Guidelines, however, this is only possible if the parents can prove to the court that the lower amount is in the best interests of the child. The Court supports the parents working together in this way.
What You Need To Know About Making Child Support Payments
After the amount of child support is determined, the order will then be placed into the court system to begin regular payments. It is important to note that payments are not always made directly to the other spouse, they are usually processed through the Family Support Registry.
This allows for the court to record the time and date of payments and then forward them to the receiving parent. This is beneficial because if there is ever a dispute over the payment of receipt of support, the Family Support Registry has records of the past payments dates and amounts.
Modifying an Existing Child Support Order In Boulder
Typically, child support continues until the child reaches 19 years of age, however, in special circumstances or for disabled children, payments may continue even after they turn 19 years old.
When one or both parents experience a change in financial situations, the payment amount may need to be adjusted. Things like changes in jobs, educational or health needs, or if one or both parties move out of state, may warrant the modification of an existing child support order.
Only a judge can modify a child support order, however, parents can come to an agreement on the amount beforehand or they can let the court determine what the correct amount may be.
Let Our Boulder Child Support Attorney Handle Your Case
Whether you need assistance in settling on a child support arrangement, help getting a fair provision for child support, modifying an existing child support order, or ending child support when it’s time, Stahly Mehrtens Miner LLC provides experienced legal representation. Schedule your consultation with a Boulder child support attorney from our firm now. Get started today, call us at 303-797-2900 or contact us online to set up a consultation.