 |
|
|
 |
Thomas D. Silverman, P.C. provides services in all aspects of Family Law, including: Divorce, Child Custody (Allocation of Parental Responsibilities), Paternity, Child Support, Grandparent Visitation, Guardianship & Conservatorship, Marital Agreements (Pre- and Post-Nuptial Agreements), and Dependency and Neglect.
We provide competent, thorough representation, while focusing on protecting the best interests of the children involved. We are fortunate to have an experienced and caring staff to assist our clients through this difficult process. Our attorneys remain apprised of the current developments in the Family Law area through research, Continuing Legal Education and membership in Family Law-related organizations, such as the Family Law Section of the Colorado Bar Association and the Colorado Interdisciplinary Committee.
In the Links section of our web site under Family Law you will find useful web sites that provide a wealth of information about your Family Law questions. You will also find court-approved forms you can use to file your own divorce case.
We encourage you to contact our office at (970) 945-1000 to schedule an initial consultation with one of our attorneys.
Frequently Asked Family Law Questions:
I’ve been told that Colorado is a “no-fault divorce state.” What does that mean?
In Colorado, the court will never consider evidence of the reason you are getting divorced. An example is when one spouse has an affair that leads to divorce. That spouse will not be punished in the divorce case. In fact, the judge will not accept evidence of such situations.
How long do I have to live in Colorado before I can file for divorce?
You must be a resident of Colorado for at least 90 days before you can file for divorce.
How much is the filing fee for filing a divorce case in Colorado?
It varies in different districts of the state, but the fee is at least $184 to file the case.
How is child support calculated?
Child support is calculated using a formula established by statute. The formula uses each parent’s gross income and any daycare or health insurance costs for the child. In some cases other regular costs for the child, such as ongoing psychological counseling and the number of overnights the child spends with each parent are included. To calculate child support in your case, utilize the Microsoft Excel spreadsheet at the state court web site:
www.courts.state.co.us/chs/court/forms/domestic/electronicworksheets.htm
Can my spouse and I agree that neither of us will pay child support?
Again, child support is calculated based on a formula. If you wish to stray from that formula, you must provide a sufficient reason to the court.
When does child support end?
The age of emancipation for child support purposes in Colorado is 19. A child emancipates and child support may end before age 19 if the child marries, enters the military, or otherwise moves away from home and is financially independent.
Will my child support ever go up or down?
The legal standard in Colorado for modifying child support is that there has been a substantial and continuing change in circumstances warranting a modification of child support. That standard has been defined to mean that the new calculation results in at least a 10% change in the child support figure (either up or down). For example, if your child support is now $200 per month, and your income has increased significantly since the child support order was entered, you must re-calculate child support based on your new income and any other factors that have changed. If the new worksheet results in a child support figure of at least $220, there are legal grounds to modify your child support.
My spouse is behind on his/her child support. What can I do?
One of the first things to do is contact your local Child Support Enforcement Unit, which is usually administered through the County Attorney’s Office or the Department of Social Services. For almost no fee they will assist you in attempting to collect the child support owed. These state entities have special powers of enforcement, such as garnishing bank accounts and revoking driver’s licenses to obtain compliance with a child support order.
My spouse doesn’t work. How does this affect child support?
If a parent is not working, and does not have a child of the relationship at issue in the court case that is under the age of 30 months, the court may impute income to that spouse for purposes of calculating child support. In other words, the court may use minimum wage or some other income figure for the parent who is not working when they prepare the child support worksheet.
Will my wages be garnished for child support?
In some cases, yes. The court can order that child support be paid through a wage assignment or garnishment. However, as a practical matter, wages are usually not garnished for child support unless the person paying support gets behind.
What is the Family Support Registry?
The Family Support Registry is a clearinghouse established by the state to keep track of child support payments. In most cases, child support will be paid through the Registry. This does not mean that wages will be garnished. It merely means that the check will be sent to the Colorado Family Support Registry at P.O. Box 2171 Denver, CO 80201.
Disclaimer & Copyright Information
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
You may reproduce materials available at this site for your own personal use.
This material is copyrighted by the Law Offices of Thomas D. Silverman, PC.
|
|
|
Please visit our site often as we are continually updating and
adding new information. |
Colorado DUI law can be confusing
and intimidating. Silverman Law Offices are here to help you. Please
visit our DUI information page for more information.
We look forward to helping you. |
|
|
