Child support is often a contentious issue between separating or divorcing parents.
But once you are ordered by the court to pay support, you are legally bound by this decision and must make the payments until the order is modified or terminated.
Otherwise, there can be serious repercussions, including jail time. However, it is very unlikely that you will lose custody of your child.
If you’re worried about losing child custody, submit a free case evaluation to our attorneys or give us a call at 720.594.7360.
Child Support Obligations in Colorado
Child support payments in Colorado are a legal obligation enforced to ensure that both parents contribute to the financial needs of their children after a separation or divorce. You may also be subject to paying child support if you were never married. Both parents have an obligation to financially contribute so long as they have parental rights. The primary goal of child support payments in Colorado is to maintain the child’s standard of living to the best extent possible. This obligation reflects the understanding that both parents have an ongoing responsibility to support their children financially.
Child support payments in Colorado are determined by a set of guidelines that calculate the amount based on the income of both parents, the number of children, and the time each parent spends with the children. These guidelines are designed to make the child support payment process fair and consistent, taking into account various factors such as:
- The gross income of each parent.
- The cost of health insurance and medical expenses for the child.
- Educational expenses.
- Childcare costs associated with the custodial parent’s employment or education.
Once the amount of child support payments is established, it becomes a legal order that both parents must follow. Failure to comply with this order can lead to serious legal consequences. However, the courts also understand that financial situations can change, prompting either parent to request a modification of the child support payments in Colorado.
Colorado’s approach to child support payments emphasizes the child’s well-being and the shared responsibilities of parents. By requiring both parents to contribute financially, the state aims to minimize the economic impact of divorce or separation on children, helping them to lead more stable and secure lives.
What Happens if You Fail to Pay Child Support in Colorado?
In Colorado, the Child Support Services (CSS), a division of the Colorado Department of Human Services, ensures that children receive the necessary financial and medical support from their parents. This government agency is responsible for regulating and enforcing child support payments in Colorado to safeguard the interests of children across the state.
Under the provisions of the Colorado Child Support Enforcement Act, CSS is empowered with several key authorities:
- Assist with locating parents who have defaulted on their obligations.
- Establishing child support obligations through legal avenues.
- Enforcing these obligations to ensure compliance.
If you fail to make the required child support payments in Colorado, CSS will initiate an investigation and take steps to enforce payment. Failure of payment can severely impact the financial stability of the child and the custodial parent, making these payments a top priority for CSS.
CSS possesses extensive legal and administrative powers to secure overdue child support payments in Colorado. Enforcement measures include:
- Placing liens on real estate and other significant assets.
- Suspension of your Colorado driver’s license.
- Garnishing wages from your employment.
- Seizing other forms of income, such as bank accounts.
- Intercepting tax refunds and lottery winnings, whether they are from Colorado state or federal sources.
If these measures fail to compel payment, the custodial parent can escalate the matter by filing for contempt of court. This indicates a formal accusation against the non-compliant parent in a judicial setting.
Failing to pay child support payments for a child residing in another state, however, may trigger federal prosecution. Depending on the duration of non-payment and the amount due, these cases can be classified as either misdemeanors or felonies, highlighting the severity of such offenses.
Contempt of Court Charges
Should you be charged with contempt of court for not making child support payments in Colorado, you are required to attend a court hearing. At this hearing, you must explain your failure to comply with the court order. It is strongly recommended to have legal representation during this process because the consequences of a conviction can be severe.
The court is generally unsympathetic to those who disregard its orders without a valid reason. If found in contempt, penalties can be harsh, including:
- Jail time for up to 180 days or more.
- Monetary fines for each instance of non-compliance.
You will also be required to settle any backlogged child support payments in Colorado, including interest, and possibly cover court costs and legal fees incurred by your ex-spouse.
Will You Lose Custody Due to Missed Child Support Payments in Colorado?
It’s a relatively common issue for parents to struggle with making timely child support payments in Colorado. However, it’s important to understand that failing to meet child support payments in Colorado does not directly affect your parental rights or result in losing custody of your child. The law separates child support payments in Colorado from the legal rights of parenting.
When a parent fails to meet their child support payments in Colorado, the custodial parent, who has physical custody, does not have the legal right to deny access to the child. The conditions outlined in your parenting plan remain enforceable, and your rights as a parent are not diminished by financial challenges. This separation ensures that financial issues do not interfere with the parental relationship and the child’s well-being.
The primary focus in family law is always the child’s best interests. In Colorado, there is a strong legal preference for both parents to be actively involved in their child’s life. The courts believe that maintaining relationships with both parents is generally in the best interests of the child, and this principle stands even in the face of financial difficulties encountered by the parents.
However, changes to custody arrangements typically occur under different circumstances that might directly impact the child’s safety and well-being, such as:
- If one parent causes harm to the child.
- If one parent prevents the child from seeing the other parent without just cause.
- If there is substantial evidence that one parent is unfit to care for the child.
While missing child support payments in Colorado can lead to various legal and financial consequences, it does not jeopardize your custodial rights. The courts and CSS are more focused on securing the financial support necessary for the child’s upbringing than on altering custody arrangements due to missed payments.
What Should You Do if You Are Behind on Child Support Payments?
Falling behind on child support payments in Colorado can be a stressful and challenging situation for any parent. It’s important to know that if you are experiencing financial hardships, there are steps you can take to manage the situation effectively.
As soon as you realize that you might be unable to meet your payment obligations, it is essential to communicate openly with your child support enforcement office. Proactively addressing the issue can prevent misunderstandings and demonstrate your commitment to fulfilling your responsibilities as best as you can.
Requesting a Modification of Child Support
If your financial situation has significantly changed since the original child support order was established, you may be eligible for a modification of the support amount. Changes that might qualify for a modification include:
- A considerable decrease in income, perhaps due to job loss or illness.
- Significant changes in the needs of the child, such as medical emergencies or educational expenses.
- A change in custody arrangements, like if the child now spends substantially more time with you.
Modifications can be temporary or permanent, depending on the nature of the change. Temporary adjustments may be granted in cases of short-term financial hardship like getting laid off, while permanent modifications might be appropriate for long-lasting changes in financial circumstances, such as a raise. To request a modification, you will need to provide documentation that demonstrates your current financial status and how it has changed from the time the initial order was made. This process is legally recognized and is intended to reflect fair support based on the current circumstances of both parents and the child.
Tips For Navigating Child Support and Custody Disputes Legally
Facing any type of family law case can be overwhelming, but it can become increasingly stressful when children are involved. Here are some key strategies to manage these disputes legally, and to minimize the impact on all involved parties, especially the children.
Understand Your Legal Rights and Responsibilities: This includes knowing how child support payments in Colorado are calculated, what your custody rights are, and the legal implications of each decision. Familiarizing yourself with state laws and guidelines can provide a solid foundation for understanding the likely outcomes of your case.
Maintain Open Communication: Where possible, maintain open and constructive communication with the other parent. This can sometimes prevent misunderstandings from escalating into disputes. For child support, clear communication about financial changes or hardships can lead to adjustments without legal intervention. In custody matters, cooperative communication can facilitate more flexible arrangements that better suit the changing needs of your children.
Document Everything: Keep meticulous records of all payments, conversations, and agreements related to child support and custody. This documentation can be invaluable in legal proceedings, showing patterns of behavior and compliance (or lack thereof) with agreed-upon arrangements. Receipts, bank statements, text messages, emails, and written agreements are all important documents.
Utilize Mediation Services: Before moving to confrontational legal proceedings, consider mediation. Mediation involves a neutral third party who helps both parents reach an agreement that is acceptable to both sides. It is typically faster, less expensive, and less adversarial than going to court. Mediation also allows parents more control over the outcomes, which can lead to more practical and personalized arrangements regarding custody and support.
Seek Legal Counsel Early: If disputes become complex or the relationship with the other parent prevents amicable communication, seeking legal council early is key. A family law attorney can provide advice tailored to your specific circumstances. They can also represent your interests in court if disputes cannot be resolved through mediation.
Prepare for Court: If your dispute goes to court, being well-prepared is key. This means having all your documentation in order, understanding what outcomes are realistic, and having clear arguments for why certain decisions should be made. Your attorney can help prepare your case, ensuring that your rights are protected and your arguments are clearly presented.
Focus on the Best Interests of the Child: Throughout the dispute process, keep the focus on what is best for your child. Courts will prioritize the child’s welfare in their decisions, and parents should do the same. Decisions should be made based on the child’s needs, not the parents’ desires or feelings toward each other.
Navigating child support and custody disputes legally can be daunting, but with the right preparation and support, it is possible to achieve outcomes that are beneficial for your child and maintain your parental rights. Always consider the long-term implications of any legal decision, and when in doubt, consult with your legal advisor to ensure the best possible approach.
How Our Family Law Attorneys Can Help
If you find yourself struggling with child support payments in Colorado, consider consulting with a specialized attorney who can guide you through the process of modifying your child support order. At Colorado Legal Group, we understand the complexities involved in child support cases and are here to help. You can start by scheduling a free case evaluation with one of our experienced child custody attorneys. Contact us today at 720.784.5550 to explore your options and ensure you are taking the right steps to support your child while managing your financial obligations.