Q: How much child support will I be ordered to pay or receive?
A: Child support obligations are based primarily on each parent's current gross income, the amount of work-related day care expenses which are incurred on behalf of the minor children (if any), and the cost for providing health insurance coverage for the children. The court must use a child support worksheet, which calculates the presumed correct amount of child support under Colorado law. The court can order a higher or lower amount than the presumed correct amount under certain circumstances such as when the parties have shared parenting, a child has special needs, or other unusual circumstances.
Q: My children's mother/father has not paid child support in a while, can I withhold parenting time in Colorado?
A: The simple answer is, NO. As far as the court is concerned, child support and parenting time are two separate issues. If your children's mother/father fails to pay child support, she/he can be held in contempt of court, or may even be charged with a felony. If you fail to provide the scheduled parenting time, you too can be held in contempt of court. Again, remember that one of the 'best interest of the child factors' is: "The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents." If you fail to encourage parenting time with the other parent, it may be used against you at a later date.
Q: Will I be obligated to pay for my children's college expenses?
A: The court cannot order you to pay for college expenses; however, if you and your spouse agree to have a provision included in the judgment of divorce that requires payment for college, then the court can enforce that promise just like any other contract.
Q: Can I garnish my ex-husband's wages to obtain past due child support?
A: In Colorado, you can enter an income assignment or garnishment, with your ex-husband's employer. Then, the Family Support Registry will monitor and transfer the payments directly to you.
Q: My ex-husband is trying to reduce the amount of child support he pays, because he quit his job. Will the Court reduce the amount of child support he was ordered to pay?
A: If the Court finds your ex-husband is voluntarily unemployed or underemployed, the Judge may impute, or assign an income to him for purposes of determining the amount of child support to be paid.