How Does Colorado Determine Child Support Compensation?

Child custody is based on a legal standard called, ‘what is in the best interest of the children?’ Child custody includes two pieces, it includes parenting time, and it includes decision making and also, of course, there’s child support that needs to be dealt with.

How is that determined? Essentially you’ll need to decide those things, in other words, you’ll have the children 50% of the time, meaning 50% of overnights a year. Your ex-spouse would also have the children 50% of the time or 50% of the overnights for the year.

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Do we Have No-Fault Divorces in Colorado?

In Colorado we have no-fault divorces. In other words, you’re not required to have a reason to get a divorce in Colorado. You can get a divorce whether the other party wants a divorce or not – it doesn’t matter. Some states require fault. In other words, there has to be some reason that the state recognizes that’s a good enough reason to be able to get a divorce. In those states someone might be able to say “No, I won’t give you a divorce.” “No I’m putting my foot down. We aren’t getting a divorce.” Well, in those states that sometimes is the case, but here in Colorado it is not. We have a lot of, I guess you’d say, freedom or latitude in the area of divorce here and you’re really allowed to get a divorce if you want one. That’s why Colorado is considered a no-fault divorce state.

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What is an uncontested divorce in Colorado?

To be honest with you, an uncontested divorce is the best kind of divorce. It means that there’s nothing that you’re fighting over that you have to go to court for and have a judge to make a determination on. In other words, you’ve gone through your divorce process but you and your spouse have been able to reach an agreement on all of the important factors of your divorce. That includes your parenting plan, all of the issues surrounding how you’re going to deal with the children, all of the issues surrounding child support, and maintenance, if these are important in the case. Then, you’re able to go to court with your final agreements, and the judge essentially is going to just agree to what you and your spouse have agreed to, unless there’s something completely onerous or wrong with it.

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What is a divorce decree in Colorado?

divorce-decree-ColoradoWhen you get divorced, you have a number of pieces of paper that need to be sent in to the court. A divorce decree is all of that final paperwork put together that’s made into an order of the court. That final paperwork would include your parenting plan, as well as including your separation agreement. It would include any other orders of the court, and that package all put together is your divorce decree.

Now when you have your divorce decree, you can enforce it. So it becomes, as I said, an order of the court, meaning that if somebody doesn’t do what they’re supposed to do based on that paperwork, you can go to the court with a contempt motion or an order to enforce and it actually is a court order. When you’re at the end of the divorce, you have a divorce decree. You have your legal rights essentially handled.

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Why Use Matthews and Matthews for Your Divorce?

Denver Divorce Lawyer

Denver Divorce and Legal Separation Attorneys

Not all divorce lawyers in Colorado are equal. Our founding partners went through painful divorces. Their personal experience prompted them to create divorce services that consider aspects of your case other attorneys do not even attempt to understand

Colorado Divorce 360 Produces Better Long Term Results

Divorce in Denver, especially when children are involved, can have an impact on every member of your family for 20 or 30 years. A truly successful outcome requires a 360 degree approach that considers the law, the emotional issues, and the financial impact.

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Maintenance/Alimony in Colorado: How is the decision on maintenance made?

I hear from people all the time that are wondering if they will be able to request maintenance/alimony in their divorce proceeding. Although there is a formula in Colorado for most cases of child support, maintenance is decided by a Judge on a purely subjective basis.

The “Reasonable Needs” test:
Colorado Courts are bound to decide issues of maintenance on the basis of the ability or lack of ability of the party requesting maintenance to meet their “reasonable needs” without financial assistance from the other party.

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