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Colorado Child Support - Colorado Springs - child support enforcement & establishment. Colorado child support guideline computations, child support orders, non-support, abandonment, non-payment of child support, registry fund, family support registry, income assignment, wage assignment, health insurance assignment, judgment, garnishment, levy & execution, liens, contempt of court, statutory interest, child support order or other court order arising from divorce, dissolution of marriage, legal separation, declaration of invalidity - annulment, or paternity - legal parentage, skip tracing.
Hundreds or perhaps thousands of dollars may be at issue regarding any aspect of child support - any aspect may become a contest in any case. Naturally, former litigants have taken support issues on appeal, and caselaw exists.
If you have children, child
support will be ordered by the court. The divorce child support statute
is
CRS 14-10-115 which sets forth criteria for establishing child support.
From the statute have sprung child support guidelines and computation
forms and tables (like tax forms) which will be used in setting child support,
however the court may order a different amount if necessary to set a fair
support figure. The court will look at the ability of each parent to support
and the needs of the children, including daycare expenses, medical insurance and deductible or non-covered medical
expenses, continuing medical
expenses, private
school tuition if agreed or court ordered, post-secondary education or other
financial circumstances relevant to your children. Child support is not
taxable income or deductible.
Up to 93 overnights, no support deduction is made for the obligation of the residential parent's child support obligation to the other parent. This computation is labeled Worksheet A - Child Support Obligation. Commencing at 93 overnights with the other parent, deduction is made for the obligation of the residential parent's child support obligation to the other parent. This guideline computation is labeled Worksheet B - Child support Obligation - Shared Time. Depending on the actual contribution circumstances, even with 93 or more overnights, the court may use Worksheet A. If the parties have multiple children and one or more primarily reside with one parent while one or more children primarily reside with the other parent, two child support guidelines are calculated for the child(ren) with each respective parent, then set off to determine the net support owed by one parent to the other. Child support guideline computation worksheet labels do not affect the decision making process or scheduled overnights; they are merely mathematical computations. When computing the amount of child support, after born children not children of both parties will not be taken into consideration. In later modifications, that means if either party has children born of a another relation subsequent to the child who is the subject of the support proceeding, no consideration will be given to the expense of raising or supporting those children, whether born in lawful wedlock or not. CRS 14-10-115(7)(d.5)(1) Receipt of public assistance benefits must be reported at the time of filing the petition. CRS 14-10-107.7 If public assistance is being received at present, it is important to obtain a support order as quickly as possible to limit potential liability of the obligor spouse. If welfare has been received for a child, notice must be given to and it is likely the local governmental Child Support Enforcement Unit (CSE) will enter as a party in the case seeking reimbursement for current or past welfare expenditures. It is illegal to agree the "non-custodial" parent will not see the children in return for no payment of support. Do not attempt to pass this type of agreement by the court. Contest may arise regarding issues such as reasonableness of daycare, unemployment or underemployment and imputed income, tax exemption, health insurance and on-going medical deductible or non-covered expenses. Medical expenses can include cosmetic orthodontia, medically necessary orthodontia, eye-care, dental treatment, and any uninsured single or chronic health problem. Significant amounts of money can be involved. Current child support may be enforced by income assignment. With this remedy, the obligor's employer deducts child support or spousal maintenance from the obligor's paycheck each payday and sends direct to the District Court Registry Fund or or the statewide Family Support Registry. This assures current payment so long as the obligor remains employed. If one party requests an income assignment, it must be automatically granted pursuant to statute. CRS14-14-111.5(2)(f) The fund utilized depends upon the type of support (child support or spousal maintenance) and whether support is ordered in a divorce case or paternity case.
Health, Hospitalization and Medical Insurance Insurance Required. In child support orders issued pursuant to the divorce child support statute (CRS 14-10-115) the court is required to provide for the child(ren)'s current and future medical needs by ordering either parent or both parents to initiate medical or medical and dental insurance coverage for the child or children through currently effective medical or medical and dental insurance policies held by the parent or parents, purchase medical or medical and dental insurance for the child or children, or provide the child or children with current and future medical needs through some other manner. At the same time, the court is required to order payment of medical insurance or medical and dental insurance deductibles and co-payments. Payment of a premium to provide health insurance coverage on behalf of the children subject to the order is to be added to the basic child support obligation and shall be divided between the parents in proportion to their adjusted gross income. Insurance Cost Excessive - Requirement Abated. Where the application of the premium payment on the child support guidelines results in a child support order of fifty dollars or less or the premium payment is twenty percent or more of the parent's gross income, the court or delegate child support enforcement unit may elect not to require the parent to include the child or children on an existing policy or to purchase insurance. The parent shall, however, be required to provide insurance when it does become available at a reasonable cost.
Insurance Assignment.
Deviation from Child Support
Amount Presumed Reasonable The trial court may deviate from presumed amount of support in CRS 14-10-115 according to the criteria in subsection (6) so long as it enters findings that allow an appellate court and the parties to discern the reasons for the deviation. In Interest of D.R.V., 885 P.2d 351 (Colo. App. 1994). If the record ( paternity case) reflects the trial court considered the relevant factors for determination of support, CRS 14-10-115, (divorce statute) there is no abuse of discretion. Garcia, supra, In re Marriage of Krise, 660 P.2d 920 (Colo. App. 1983).
Divorce Child support may be ordered retroactive to the later date of separation, filing the divorce lawsuit or service of process upon the Respondent. This is called retroactive child support or relation back. Issues can be highly contested regarding whether the court enters an order for support during a period of time prior to the order, what period is covered, how much periodic support is ordered and terms of repayment. Once a support order is entered, each installment becomes a judgment the day it becomes due. The court may not later modify the amount of support or deny the obligee any lawful remedy. Child support can be efficiently enforced. Refer to Support Enforcement for additional information regarding income assignment for support arrearages, garnishment of income or bank accounts or enforcement by contempt of court (jail).
Period of Child Support Obligation Colorado courts will order child support until emancipation. For purpose of child support obligations, emancipation under Colorado law is presently the child’s 19th birthday, death, marriage, or enlistment in the U.S. military armed forces. A child may otherwise become earlier emancipated, and emancipation may not in fact occur at age 19 - such as a child with disabilities.
Statutory interest on child support is 12% per annum from the date each installment was due. CRS 14-14-106, CRS 5-12-101. Once an order has entered, obligee (person receiving child support) has a right to statutory interest. If an obligor defaults on a child support installment after entry of order, obligee is entitled to statutory interest. If the court relates back in an order and , at issue may be whether the obligee is entitled to statutory interest at 12% per annum on retroactive support arrearages.
Tax Considerations and Exemptions Child
support is not taxable income or deductible.
As with divorce, and perhaps more so, large amounts of money may be at issue regarding any aspect of child support - any aspect may become a contest in any case. Again, former litigants have taken support issues on appeal, and caselaw exists. Much of paternity support law is the same as dissolution of marriage or legal separation. Therefore, I have simply linked subcategories to the divorce information above except as may be different or unique in paternity cases.
Child
support will be ordered by the court. The divorce child support statute
is
CRS 14-10-115, which sets forth criteria for establishing child support.
The relevant paternity child support statutes are
CRS 19-4-116 and CRS 19-4-117. From the statute have sprung child support guidelines and computation
forms and tables (like tax forms) which will be used in setting child support,
however the court may order a different amount if necessary to set a fair
support figure. The court will look at the ability of each parent to support
and the needs of the children, including daycare expenses, health,
hospitalization and medical insurance and deductible or non-covered medical
expenses, continuing medical
expenses, private
school tuition if agreed or court ordered, post-secondary education or other
financial circumstances relevant to your children. Child support is not
taxable income or deductible. Issues to be addressed are deviation from
guideline child support amount, relation back - retroactive child support,
statutory interest, tax considerations and exemptions
Expenses of Confinement Expenses of confinement, pre-natal care and birth, and uninsured medical or health care expenses subsequent to birth but prior to legal proceedings may also become contested issues. Medical expenses can include cosmetic orthodontia, medically necessary orthodontia, eye-care, dental treatment, and any uninsured single or chronic health problem. Significant amounts of money can again be involved. Regarding expenses of confinement, the major obstacle is not the law, but producing evidence of expense.
Copies of canceled checks and former medical billing statements are good evidence. If the person seeking reimbursement did not keep good records, duplicate accounting statements can be requested from medical providers. For any exotic or questionable medical procedure, it may be necessary to produce expert testimony as the reasonableness of treatment. The law with respect to other prior health care expense issues is more complicated.
Paternity Child support may relate back to the date of the child's birth or any time subsequent thereto - this is called retroactive child support or relation back. Issues can be highly contested regarding whether the court enters an order for support during a period of time prior to the order, what period is covered, how much periodic support is ordered and terms of repayment. Once a support order is entered, each installment becomes a judgment the day it becomes due. The court may not later modify the amount of support or deny the obligee any lawful remedy. Child support can be efficiently enforced. Refer to Support Enforcement for additional information regarding income assignment for current and arrearage child support, garnishment of income or bank accounts and enforcement by contempt of court (jail). The Department of Human Services through the local governmental Child Support Enforcement Unit (CSE) will seek reimbursement of the full amount of public assistance, but is limited to the amount of any court support order. CRS 19-4-118 If welfare benefits are currently being received, the obligor (person paying support) should seek temporary support orders as soon as possible to limit the amount of liability.
2. INCOME ASSIGNMENT. Because support is ongoing, each enforcement action is behind the curve unless provision is made for timely receipt of current support. An income assignment to be served upon the obligor's employer requiring withholding of current support from obligor's income. Upon request, income assignment must be automatically granted pursuant to statute. CRS 14-14-111.5(2)(f). Assignment is standard procedure if obligor is presently employed. Arrearages may also be collected at the rate of 1/24th of the total - payout in 24 months. Courts will order arrearage amortization to include statutory interest. Maximum amount which may be taken is set forth in ¶ 4 below - support income garnishment limitations. 3. HEALTH INSURANCE ASSIGNMENT. Like support, health care is of an ongoing nature. The enforcement action may be behind the curve unless provision is made for timely payment of health care insurance premiums. If obligor was ordered to provide health care insurance, an assignment may be served upon the obligor's employer requiring premiums to be withheld and forwarded to the health insurance provider. 4.
JUDGMENT ENFORCEMENT. Arrearages can be
reduced to judgment.
Support garnishments have priority
over and take a larger share of the garnishee's income than garnishments for
non-support. Non-support garnishment limitations: approx 25% of disposable earnings.
It is clear that a support obligee has significantly more leverage than the
average creditor. 5. CLERK OF COURT AS COMMISSIONER TO CONVEY. If, in violation of a court order, obligor has failed or refused to transfer title to an asset, the most effective means to complete the transaction is to move for an order appointing the clerk of court as commissioner to convey. Once the muniment of title has been signed by the clerk of court or his / her deputy clerk, the title transfer can be completed with a certified copy of the order. The court may also award attorney's fees and costs of enforcement. 6.
REQUEST
FOR ADMINISTRATIVE ADVERSE ACTION a. Evidence. Income from employment or other sources, or assets sufficient to satisfy the support obligation establishes ability to comply. IRS or Colorado DOR income tax records, employer payroll benefit records, bank statements, DMV records, county clerk & recorder, assessor or treasurer records, or other records may be placed under subpoena and produced in court to verify financial ability to comply with the support order and contempt. b. Preliminary Proceedings. Since incarceration (jail) is an option, in accord with Constitutional protections, the Court will advise the obligor of his / her rights. Additionally, the Court may require mediation through the Office of Alternate Dispute Resolution - ADR - Mediation prior to final orders hearing. Refer to the mediation link for additional information. c. Criminal Contempt. Obligee has the burden to establish that obligor had the ability to comply with the court order (pay support), and willfully failed or refused. Upon a finding of criminal contempt, to vindicate the dignity of the Court, the judge may sentence the obligor to a term certain not to exceed 6 months county jail and / or $500 fine. d. Civil Contempt. Obligee has the burden to establish obligor has the current ability to comply with the court order (pay support). Upon a finding of civil contempt, the judge may sentence the obligor to an indefinite term until the obligor complies with the order. This is known as "he who holds the keys to the jailhouse door." e. Whichever contempt is pursued, potential for jail is frequently strong motivation for an obligor to find the money to pay support. An obligee's goal is to bring support arrearages into the bank account, not jail the obligor in retribution. I consider contempt to the remedy of last resort, but effective. After objective review of alternatives, if contempt proceedings appear to be the best remedy, I advise clients a contempt order should be pursued aggressively.
Effective January 1, 2005 Colorado Rule of Civil Procedure C.R.Civ.P. 16.2 was adopted which provides for mandatory disclosure (discovery), limited motion practice and case management by the court. Judges and magistrates are serious about Rule 16.2 obligations and judicial case management. Once the case is filed, be prepared to disclose documentation and move the case forward in a timely fashion. Refer to the above link to view the rule - it applies to the initial case and post decree matters. To assist in rapid case preparation, fact sheets have been made available on-line. Open file password is given to a client or sent via email once retained. Counsel asks clients to invest significant effort at commencement of representation to provide an understanding of the relevant facts and documents which must be disclosed. Judicial case management has removed any dilly dallying - timely case preparation is now obligatory to avoid sanctions.
If government assistance (welfare) was received during the period of support,
and if the obligee signed an assignment of benefits (standard requirement), the
government will be entitled to support collected before the obligee's
entitlement. Notice of support enforcement proceedings must be given to the local governmental
Child
Support Enforcement Unit (CSE) to avoid welfare fraud criminal charges.
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