Child Support Lawyer in Colorado Springs
Factors That Determine Child Support
- The gross monthly incomes of the parents
- The number of overnights in a month the child spends with a particular parent
- Whether there are any child care costs or health insurance premiums for the child,
- Whether spousal maintenance is being paid
- Whether there are prior or after-born children for which support is paid or received
Blogs About Child Support
How is a Parent's Gross Monthly Income Calculated?
The list is long and complex, and many local child support attorneys have witnessed court battles that are waged over the amount of "income" calculated for a parent. A parent who is laid off, loses their job, doesn’t work outside the home or receives significant overtime, can complicate the expectations for support. Courts can even “impute” income to a parent, meaning if the parent is not employed—but could be—the court will decide how much that parent could make based on their prior employment, education level and other factors affecting employ-ability. A parent who is the primary caregiver for a child under 30 months old will likely not be imputed with an income. However, once the child turns 30 months old, that parent should expect imputation of an income. A parent who is a full-time student in a program designed to lead to a better paying job, may escape being imputed an income. That parent should expect to present evidence of their school schedule, why that field of study will increase their employability and wages when the school is completed and draw the inference that they cannot also be employed while attending school. Hiring a lawyer knowledgeable and skilled in child support is crucial to ensuring you are receiving adequate compensation or are not overpaying child support in the state of Colorado.
- Wages from:
- Net Income from Self Employment (Before Taxes)
- Stock Payouts
- Retirement Funds
The Power of the Magic Number
One important thing to know in child support cases is that there is a "magic number" that affects how much is paid. This magic number, 93, which pertains to overnights--the number of overnights that start to affect the amount of child support paid. Unless a parent has at least 93 overnights per year, they will pay the same amount of child support as if they had anywhere from zero to 92 overnights per year. This is referred to as a "Worksheet A calculation"--meaning the calculation is for less than 93 overnights per year. Once a parent reaches a 93-overnight threshold, child support is affected and begins to decrease. 50/50 parenting time (where one parent has 182 and the other has 183 overnights per year) is the lowest calculated amount of child support to be paid. Contact your local child support attorney for more information on the magic number.
Parents almost always want to support their children; but that does not make it any easier to give money to someone for whom a parent harbors animosity (like an ex-spouse or a failed relationship) or mistrust. Lack of excess funds only amplifies the feelings of victimization inherent with paying child support. Making the system even more difficult, failing to pay the amount of support owed every month can carry severe penalties. Interest on amounts owed, garnishments of wages, interception of federal tax refunds, suspension of driver’s licenses and even jail-time can be ordered for unpaid child support. A parent who has not paid all amounts owed in a given year cannot claim a child on their tax return even if the decree awards that year to the parent.
Ready to win your child support case? Contact Jeanne M. Wilson, one of the top child support lawyers in Colorado, to start your case today.
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The Law Office of Jeanne M. Wilson & Associates, PC is a family law firm serving clients in Colorado Springs and the surrounding area, including Fountain, Security-Widefield, Black Forest, Monument, Manitou Springs, Palmer Lake, Woodland Park, Cripple Creek, Calhan, Peyton, El Paso County, Fremont County, Teller County and Pueblo County.