Res Ipsa

In any divorce case with children or custody case in Colorado, child support is going to be calculated and considered. Colorado law recognizes that parents owe their children a duty of financial support for basic needs such as education, clothing, housing, childcare, healthcare, and food.

One of the biggest misconceptions regarding child support is that this money goes to the other parent.  This is simply incorrect.  In Colorado, child support money belongs to the child — not the other parent. I’ll say that again: child support is the child’s money. Always keep that in mind.

Because child support is the child’s money, generally the courts in Colorado are reluctant to waive child support even if the parents agree, when the calculation states there should be some money paid.

How is child support calculated in Colorado? 

Under Colorado Rev. Stat. (CRS) § 14-10-115, child support payments are calculated based on each parent’s combined gross income (i.e., each parent’s income before taxes and health insurance premiums are deducted), the parenting time allocation, and expenses related to the children like childcare, health insurance, and extraordinary medical expenses above $250 per year.

In determining the amount of child support to award, the court will consider the following factors:

• The total number of children
• The financial resources of the custodial parent
• The standard of living the child would have enjoyed had the marriage not been dissolved
• The physical and emotional condition of the child
• The child’s medical expenses
• The child’s educational needs; and
• The financial resources and needs of the noncustodial parent

Can you modify a child support order? 

The general rule is that child support can be modified so long as there would be a 10% change to the monthly amount. That change can be an increase or a decrease.

To help identify when a change is necessary, parents are required by statute to exchange financial documentation each year. Child support can only be modified back to the date the motion was filed. So, if a change was appropriate three years ago but you never filed anything, you cannot file requesting the Court modify back that far. As soon as you know a change is needed, you need to file.

When reviewing modification requests, courts consider the following factors relevant:

• Significant changes in income
• Major reductions in childcare costs
• Major changes to the parenting schedule; and
• The emancipation of the child

Child support is typically provided until the child is 19. (Yes, 19). There are some exceptions to this rule, which you should talk to a lawyer about if you think they apply to you.

For legal help with your child support at an affordable flat rate in Colorado, schedule your consultation today.

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This website includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems.

Lauren Lester is an affordable family law, estate planning, and probate lawyer licensed in Colorado.

Parenting time is one of the most important issues involved in Colorado divorce and child custody disputes.  All cases involving a child will include determining: (1) who the child will live with and for how long; and (2) the parenting time / visitation rights of both parents.  Sometimes, both parents can reach an agreement regarding parenting time without the need for court intervention.  In fact, it is not uncommon for both parents to split parenting time evenly.

Unfortunately, however, not all custody disputes are resolved in such an amicable fashion.  If both sides are unable to reach an agreement, it will be up to a Colorado court to make a decision.  Once a court has ruled on a child custody matter, it issues what is called an “order.”  Court orders are legally binding on all parties named in the dispute.  But what happens when one party chooses not to follow the court’s order?

Colorado Rev. Stat. (CRS) § 14-10-129.5 governs noncompliance of parenting time orders.   Under § 14-10-129.5, courts have several methods of remedying a parent’s noncompliance with a parenting time order.  In resolving a parent’s noncompliance with a parenting time order, the court will keep the child’s best interest in mind.  The court can:

• Set the matter for a hearing
• Require the parties to seek mediation
• Issue an order imposing additional terms and conditions
• Issue an order requiring either parent to attend a parental education program
• Issue an order requiring all parties to participate in family counseling
• Issue an order requiring the violator to post bond or security to ensure future compliance
• Issue an order holding the noncomplying parent in contempt of court (which can include fines or jail time); and
• Issue an order requiring the noncomplying parent to pay the aggrieved party’s attorney’s fees and court costs

Typically a parent seeking to enforce a parenting plan will file a Motion Concerning Parenting Time Disputes. The parent could also file for contempt, but the other option is more appropriate.

For legal help with enforcing your existing custody schedule at an affordable flat rate in Colorado, schedule your consultation today.

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This website includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems.

Lauren Lester is an affordable family law, estate planning, and probate lawyer licensed in Colorado.

While most Colorado parenting plans are considered “final decrees,” it may be possible for you to ask the court for a modification.

There are several reasons why someone might want a modification: The existing plan may have been written years ago and now life has changed; one parent might be relocating to a different state; one parent might have a significant financial setback, or one parent might fear that the child is in imminent danger under the existing parenting plan.  Regardless of the reasons, in Colorado, either parent can file for child custody modifications.

What is required for a successful modification? 

Generally, Colorado courts review modification requests with an eye toward consistency.  Courts will not grant modifications that are unduly disruptive.

Under Colorado Rev. Stat. (CRS) § 14-10-129, the standard for successfully modifying a parenting plan is whether the proposed change is in the child’s best interest.

Some of the most common parenting time modification requests arise from one parent’s intention to relocate the child.  In such a case, the court will take into consideration “all relevant factors” relating to the child’s best interests, including:

• Past patterns of domestic violence
• The reasons why the moving party wishes to relocate the child
• The reasons why the opposing party might object to the proposed relocation
• The history of each party’s parenting relationship with the child since the previous parenting order
• The child’s educational opportunities at both the existing location and the proposed new location
• The presence or absence of the child’s extended family at both the existing location and the proposed new location
• The overall impact the move would have on the child
• Whether a “reasonable parenting time schedule” is possible

In addition, a parent may seek to restrict the other parent’s parenting time by filing a motion alleging the child is in imminent physical or emotional danger.  If such a motion is indeed filed, the court is required under CRS § 14-10-129(4) to make a ruling “not later than fourteen days” after the motion was filed.  Courts will not restrict a parent’s parenting time rights “unless it finds that the parenting time would endanger the child’s physical health or significantly impair the child’s emotional development.”

When can I file for a modification? 

A request to modify the existing parenting time order can be done at any time, so long as the request doesn’t go against the two-year rule. C.R.S. 14-10-129(1.5), or “the two-year rule”, states that “a parent cannot request a modification of parenting time within two years of filing a prior modification request, whether or not it was granted if it seeks to change the party with whom the child primarily resides.” The only exception to this is if the child will be placed in imminent danger if the existing parenting plan is followed.

For legal help with changing your custody schedule at an affordable flat rate in Colorado, schedule your consultation today.

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This website includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems.

Lauren Lester is an affordable family law, estate planning, and probate lawyer licensed in Colorado.

Most Colorado divorces with children or child custody cases revolve around two main issues with regards to the children: (1) parenting time and (2) major decision-making.  There are two ways you can resolve either of these issues: (1) you can reach an agreement with the party; or (2) you can have the court make the decision.

Assuming you are unable to reach an agreement, the court will: (1) allocate parental responsibilities; (2) allocate decision-making responsibilities; and (3) determine parenting time.

What standard will the court apply to determine parenting time?

The court will apply the “Best Interest of Child Test” (BIC Test) to all of these determinations, including parenting time issues.  The BIC Test is codified in Colorado Rev. Stat. (CRS) § 14-10-124.  With regard to parenting time determinations, CRS § 14-10-124 (1.5)(a) states: “The court, upon the motion of either party or upon its own motion, may make provisions for parenting time that the court finds are in the child’s best interests unless the court finds, after a hearing, that parenting time by the party would endanger the child’s physical health or significantly impair the child’s emotional development.”

Under the BIC Test, the court will consider several factors when making parenting time determinations.  Relevant factors include:

• The wishes of the parents
• The wishes of the child (if the court determines he or she is “sufficiently mature”)
• The child’s existing relationship with his or her parents and siblings
• The child’s adjustment to his or her home, school, and community
• The mental and physical health of all individuals involved
• The ability of the parties to foster and encourage a positive living environment
• Past patterns of the parents’ conduct regarding the child
• The proximity of the parties to each other; and
• The ability of each party to “place the needs of the child ahead of his or her own needs”

It is important when presenting your case to provide evidence related to these factors. The Court does not have an easy job in determining the best parenting time schedule between to parents. There are no winners in these types of cases.

For legal help with your custody case at an affordable flat rate in Colorado, schedule your consultation today.

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This website includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems.

Lauren Lester is an affordable family law, estate planning, and probate lawyer licensed in Colorado.