Child support is based on a statutory formula that accounts for the parties' income and expenses as well as some additional factors. In some cases though, the numbers used as part of the formula may cause concerns and lead to litigation. Generally, the formula must contain the incomes of the parties, the number of children, number of overnights (if over 92 per year) for the non-custodial parent, day care expenses, and the cost of health insurance for the children. Although most calculations are fairly straight forward, it is not unusual to run into individual complexities due to variations in income for self-employed, underemployed, or unemployed parents. Our child support attorneys can also advise you on issues involving medical expenses, extra-curricular activities' cost, and claiming the children for tax purposes.
One of the most common areas of conflict in family law cases is a parent's failure to meet his or her child support obligations. In many cases, a parent may feel that the child support she or he is receiving is insufficient in relation to the child's needs or the other parent's income and assets. In other cases, the paying parent may feel that the support order is unfair due to cash flow issues or employment inconsistencies. Irrespective of the issues involved, our child support attorneys can assist you in obtaining compliance or finding adequate ways to deal with child support arrears etc. The remedies available to collect support arrears are as follows:
Child support enforcement may be easier whenever the paying party is gainfully employed and the child support may be withheld from the person's wages. Another way to obtain payment is by filing a Verified Entry of Support Judgment. Child support orders are specific with respect to the monthly amount due, the form of payment, and specific dates that the payments are due. According to C.R.S. 14-10-122, missed child support payments automatically convert to monetary judgments with 12% APR that compounds monthly. To reduce the child support arrears to judgment, our child support attorneys can file verified entry of support with the court. Upon the entry of support judgment, additional wages can be garnished for up to 65% of payer's disposable income. In cases where the payer is unemployed, the judgment may be used to seize other assets, such as bank and investment accounts.
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