Once a foreign support order is registered in Colorado, it is enforceable in Colorado courts just as a Colorado child support or alimony order.
Child support & alimony cases involve tax issues from the start, with mandatory disclosure of tax returns, through the treatment of support payments.
The Colorado child support law provides for child support for disabled child over the age of 19 who is incapable of self-support.
For purposes of child support and maintenance, a person's income includes business earnings, including earnings from a closely-held business which are never even paid out.
In a Colorado divorce, a cause of action which arose during marriage is marital if a claim was filed prior to divorce. And any settlement received is income for the purposes of support and maintenance.
Parents in Colorado cannot permanently “opt out” of the child support statute and limit a court’s ability to modify future child support.
Rent counts as income for purposes of child support and maintenance, but rent from a subtenant sharing a house is more complicated.
Colorado’s basic child support obligation includes the sharing of work or education-related child care costs between the parents.
Child support generally ends at 19, but it may be earlier if the child is married or self-sufficient, or later if the child is in school or disabled.
Though Colorado law provides that parents have a duty of support, courts have expanded that to third parties who seek an award of parental responsibilities.
Monetary prizes, or winnings from any gambling, including the lottery, count as income for child support & maintenance, and are subject to intercept for arrears.
Upon retirement, the court considers whether the retirement was good faith, and if so, retirement income counts for purposes of maintenance and child support.
Learn when social security benefits are treated as income for purposes of calculating child support and maintenance, and when benefits can be garnished.
Colorado offers tools to ensure support or maintenance payments are made, including a family support registry, income assignments, contempt of court, and more.
Allowances and benefits paid to employees intended to defray the higher cost of living count as income for calculating child support or maintenance.
Investment Income (dividends. Interest, capital gains, etc) is included as “income” for the purposes of determining maintenance or child support.
Colorado’s maintenance and child support statutes use a broad definition of income which includes virtually all money received from all sources.
Courts may modify prospective maintenance upon a finding of a substantial and continuing change in circumstances that renders the original award unfair.
Courts may award maintenance to a spouse based upon either an advisory statutory formula, or upon traditional factors, such as need, ability to pay, etc.
Child support terminates upon the youngest child’s emancipation, and may be modified if there would be a 10% or more difference in support owing.
Colorado’s basic child support obligation is adjusted by the percentage of overnights the children have with each parent in shared & split custody situations.
Colorado needs personal jurisdiction to enter an initial support order, and under UIFSA has continuing, exclusive jurisdiction only if certain factors are met.
The Colorado child support statute contains a presumptive support formula based upon the number of children, the parents’ incomes, and certain expenses.