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Child Support

With high unemployment rates across the country, many families are struggling to make ends meet.  If you are entitled to child or spousal support, and your ex-spouse is not working, how does that affect your support order?  As a Colorado Springs divorce lawyer, I advise my clients to ask these questions:

  • Has your ex-spouse attempted to find work?
  • Is he/she being less than diligent about looking for a job?
  • Do you suspect that he/she is earning money “under the table”?

If you can answer “yes” to at least two of these questions, then a Colorado court has the power to uphold your support order based on your ex-spouse’s earning capacity.  In many cases, the court will consider looking at their past earning history, education level and skills to calculate their ability to earn income.  Even if your ex is collecting disability, unemployment benefits or workers’ compensation, a court may order that income to be used as a basis for paying support. 

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Family court judges often see support-obligated spouses try to hide income or intentionally drag their feet in finding work, just to make it more difficult for their ex to collect support.  When a pattern of repetitive unemployment exists, it is important to start showing these patterns to the court.  If the court decides to base your spouse’s earning capacity on their prior income, you may be surprised to see how quickly they find a job. 

At the very least, the court may order your ex-spouse to produce evidence of their job search efforts at the next hearing. Meanwhile, your support order will be based on what your spouse would be earning if he or she were working.  And remember, your support order cannot be discharged due to bankruptcy.

If you have reason to believe that your spouse is intentionally trying to get out paying their Colorado court-ordered support, then Colorado Springs divorce lawyer can ask the court to base their decision on earning capacity.

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How to Get Child Support in Colorado

Wednesday, 11 November 2009
Applying for child support in the state of Colorado can range from being very simple to extremely difficult, depending on your circumstances. In cases where paternity must first be established, or where the non-custodial parent cannot be found, you may need the help of a Colorado Springs child support attorney. 
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What Does Child Support Cover?

Wednesday, 11 November 2009

Isn't Child Support Supposed to Cover Everything?

Anyone who is on the receiving end of child support knows how difficult it can be to calculate the actual expenses involved in raising a child.  While the courts do their best to design a grid that is supposed to provide enough support to the custodial parent, in most cases, the custodial household bears more than its fair share of financial responsibility. 

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Child Support Arrears in Colorado

Thursday, 01 October 2009

Explains the history of child support arrears in Colorado and what some of the statistics are. Also goes on to suggest methods of preventing arrears as well as corective action that can be taken.

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We’ve all heard of cases where a non-custodial parent moves out of state to escape a child support obligation but, thankfully, statutes are in place to make it very difficult for a parent to run away from a support order.  However, in order to enforce a child support order in another state, the court must establish the proper authority for them to act.

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Possibly one of the most contentious issues in a divorce action is the enforcement of child support.  In Colorado, like all other states, enforcement of court-ordered child support is managed on a county level.  While some states disburse payments to custodial parents through a state-run Collection and Disbursement Unit, the enforcement of the order usually takes place in the county where the defendant resides. 

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child-support-colorado-springsCompared to unemployment rates in other states, Colorado is not doing so badly.  The U.S. Bureau of Labor Statistics ranks Colorado as 24th out of 50 states, with a current unemployment rate of 7.6% (May 2009), compared to a national unemployment rate of 9.4%. 

This news may not help you much if you are a single parent who recently lost your job.  Unemployment insurance is rarely enough to pay the bills, and this is especially true for single parents.  If you feel your employment situation qualifies you for a modification of an existing Colorado child support order, it may make sense to consult with an experienced Colorado Child Support Attorney.

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Child Support in Colorado Springs

Thursday, 20 December 2007
Our attorneys in Colorado Springs help you estimate your child support payments in Colorado by using a child support calculator.   If your computer is equipped with excel, you can use the child support calculator found at the state judicial website: www.courts.state.co.us. Sometimes these child support calculators are helpful but they will only get you so far:
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MPatMarrisonFor over a quarter century, we have helped people during what is often the darkest time in their lives. Divorce is not easy even under the best of circumstances. For most people, family is central. Having something go wrong in the family can have a ripple effect that extends beyond the home and into other areas.

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