How does the judge decide who will pay child support (and how much)?
The judge will calculate the child support amount with a pre-determined formula (Colorado Child Support Guidelines). Unless someone presents evidence of special circumstances, that amount will stand.
Both mother and father are equally responsible for the support of the minor children, and that often implies some sort of financial help from one parent to another, after considering each parent’s income and the number of days (overnights specifically) that each parent spends with the child/children. In other words, if one parent cares for the children 80% of the time, but his/her spouse has a significantly higher income, then he/she will need to pay support to the parent with the lower income. Both parties will need to provide the Court and one another with pertinent financial documentation (pay stubs, income tax returns, etc.).
Our attorneys work can work with you directly to determine what child support can be expected using the Colorado Child Support Guidelines that will also help with divorce.
What can I do to guarantee that my spouse will pay child support?
Your lawyer can help you take the appropriate legal action if your spouse is delinquent in child support payments.