Whether the parents are still together or they have split up, they still owe their kids financial support to cater to their basic needs, including housing, food, education, and clothing. The amount of child support to pay, according to divorce-matters.com, is usually based on the parent’s total income and the overall time that they spend with the kid.
Additionally, child support could be used for other optional expenses, such as giving it a better life experience. For instance, part of the child support amount could be used to pay for music lessons, sports camps, and other extracurricular activities.
Note that child support is a form of payment owed to a child and not the parent. In some cases, the parent ordered to pay kids support might get angry about sending money to the other parent. They tend to believe that money belongs to the other parent. This is a mistake because the money is intended to support your child.
Getting a child support order
Nearly every parent wishes to support their kids in all aspects of life. This is the reason before any form of support is ordered, there must be a legal decision regarding who the child’s parents are. It’s simple to identify a mother, but things can get more complicated when identifying the father. If you and your spouse have separated who you never got married and you intend to seek child support for your kid, consult with an attorney specialized in this field.
The parent who has been living with the child after separation can seek it support whenever they deem necessary. Most people choose to apply immediately after divorce or separation as part of the divorce application. In fact, they choose to seek custody and support at the same time.
According to most family lawyers, it’s best to handle these issues as early as possible. Though many parents with custody of the kid may not want support at first, their financial stability might change in the future. The law allows such parents to seek child support whenever the need occurs even the divorce case and other matters arising from it have been settled.
Who should pay child support?
Generally, parents have a legal responsibility to financially and emotionally support their dependent kids to the extent that they can. The parent with custody of the kid has most of the daily expenses associated with child-raising and is entitled to get child support (often financial) from the other party. This entitlement will continue even if the parent with custody chooses to remarry.
Sometimes, two parents may have a legal duty to make payments for the same kid. For instance, if the parent with custody of the kid separates from a marriage or common-law spouse who isn’t the kid’s birth parent, the child’s birth parent and step-parent will have a legal duty to offer support.
The child’s biological father would have the legal duty to financially support it even if he was never married to his or her mother. This also applies even in cases where there’s no ongoing relationship between the mother and father in question. In the event that a man denies supporting his child based on the subject of whether or not he is the biological father, the court will order a blood test to establish the truth.
Calculation of child support
In Colorado, child support is determined by applying a unique mathematical formula known as the ‘child support guidelines.’ These guidelines help make the amount of support awards uniform and more predictable.
The concept of ‘income shares’ is applied when calculating child support. According to this concept, kids are entitled to a portion of each parent’s total income. After all, children should be financially supported just as they would have if the parents were still together.
Once the amount of child support has been established, an order should be filed with a court and then mailed to both parents. This order details the amount to be paid, the specific parent to make these payments, and when the payment is due.
When do these payments end?
Generally, the child support payments ordinarily last until he/she is 19 years. Or, the parent may be required to make the payments until the month following the kids’ high school graduation. In case one suffers a disability that might prevent him or her from becoming independent, the child support payments might continue for a longer time.
What if I don’t pay child support?
Colorado State has several ways of enforcing child support payments. This may include financial enforcement or contempt of mandatory court charges. The court can issue a verdict for the full amount of overdue or unpaid child support to be paid.
Other judicial actions against someone who deliberately failed to pay child support include placing a lien on personal property, real estate, or vehicles. Your wages could be garnished to satisfy past dues, your lottery winnings and tax refunds could be intercepted, and get reported to credit bureaus for failure to pay child support.
As mentioned earlier, failure to pay child support could result in contempt for court charges. That means you will pay a fine serve jail time at the discretion of the justice system. Additionally, failure to pay could also result in denial of passport application, professional license suspension, or driver’s license suspension.
If you leave Colorado State and fail to pay child support, there’s a good chance you will be prosecuted under federal law. Now you realize child support isn’t an obligation can run away from. If you’re facing financial challenges, talk to your lawyer.
Bankruptcy and child support payments
According to federal law, child support arrearages cannot be eliminated via bankruptcy. This may have serious ramifications for the specific parent paying the kid support and has delayed the payments. Even if you have successfully filed for bankruptcy and all your debts were wiped away, you will still need to continue paying it.