Child support is a critical part of divorce proceedings, especially when children are involved. It is a legal requirement for parents to financially provide for their children, even after a divorce. However, there may be certain situations where a parent may not be obligated to pay child support in Denver, Colorado.
What is Child Support?Child support is a court-ordered payment made by one parent to the other for the financial support of their child. It is meant to cover the child's basic needs such as food, shelter, clothing, and education.
The amount of child support is determined based on the income of both parents and the needs of the child. In Denver, Colorado, child support is calculated using the Income Shares Model. This model takes into account the income of both parents and the amount of time each parent spends with the child. The court also considers other factors such as the child's medical expenses and educational needs.
When is Child Support Required?In most cases, child support is required when parents are divorced or separated. However, there are certain circumstances where a parent may not be required to pay child support in Denver, Colorado.
1.Joint CustodyIf both parents have joint custody of their child, meaning they share physical and legal custody, then neither parent may be required to pay child support.
This is because both parents are equally responsible for the financial needs of their child.
2.High-Income ParentsIn Denver, Colorado, there is a cap on the amount of income that can be used to calculate child support. If one parent's income exceeds this cap, then they may not be required to pay child support. However, this does not mean that the parent is completely exempt from paying child support. The court may still order them to pay a certain amount based on the needs of the child.
3.Shared Parenting TimeIf both parents have equal or nearly equal parenting time, then the court may deviate from the standard child support guidelines.
This means that the amount of child support may be reduced or even eliminated if both parents are equally sharing the financial responsibilities of their child.
4.Child's IncomeIf the child has a source of income, such as a trust fund or inheritance, then the court may not require either parent to pay child support. This is because the child's own income can cover their basic needs.
When Can Child Support Be Terminated?In Denver, Colorado, child support is typically terminated when the child turns 19 years old or graduates from high school, whichever comes first. However, there are certain circumstances where child support may be terminated earlier.
1.Emancipation of the ChildIf a child becomes emancipated, meaning they are legally considered an adult and can support themselves, then child support may be terminated. This usually happens when a child gets married, joins the military, or becomes financially independent.
2.Death of a ParentIf one parent passes away, then their obligation to pay child support ends.
However, if the surviving parent is unable to financially support the child, then the court may order the deceased parent's estate to continue paying child support.
3.Change in CircumstancesIf there is a significant change in circumstances, such as a parent losing their job or the child's needs changing, then child support may be modified or terminated. This can only be done through a court order.
What Happens if Child Support is Not Paid?Failure to pay child support in Denver, Colorado can result in serious consequences. The court may hold the non-paying parent in contempt and impose penalties such as fines, wage garnishment, and even jail time. The parent may also face a suspension of their driver's license or professional license. Furthermore, the non-paying parent may also be required to pay interest on any overdue child support payments.
They may also be responsible for the other parent's attorney fees and court costs.