Child support is an essential part of divorce and separation cases involving children. It is a legal requirement for both parents to financially support their children, regardless of their relationship status. In Denver, Colorado, child support is calculated based on the income of both parents and the needs of the child. The Income Shares Model is used to determine the amount of child support in Denver.
This model takes into account the income of both parents and the number of children they have. The court also considers other factors such as the cost of health insurance, daycare expenses, and any special needs of the child. Once the amount of child support is determined, it becomes a court order that must be followed by both parents. Failure to pay child support can result in serious consequences, including jail time.
Can a Parent Request a Change in Custody Based on Non-Payment of Child Support?
In Denver, Colorado, non-payment of child support can be grounds for a parent to request a change in custody. However, this is not an automatic process and requires certain conditions to be met. The first step is to file a motion with the court requesting a change in custody.The parent must provide evidence that the other parent has failed to pay child support as ordered by the court. This can include bank statements, pay stubs, or any other documentation that shows non-payment. The court will then schedule a hearing to review the case and make a decision. During this hearing, both parents will have the opportunity to present their arguments and evidence. The court will consider several factors before making a decision, including:
- The reason for non-payment: If the non-paying parent has a valid reason for not being able to pay child support, such as job loss or medical issues, the court may not grant a change in custody.
- The best interests of the child: The court's main concern is always the well-being of the child.
If changing custody will not be in the best interests of the child, the court may deny the request.
- The relationship between the child and both parents: The court will consider the relationship between the child and both parents before making a decision. If changing custody will negatively impact the child's relationship with one parent, the court may not grant the request.
What if a Parent Refuses to Pay Child Support?
In some cases, a parent may refuse to pay child support even after a change in custody has been granted. In such situations, the custodial parent can take legal action to enforce the child support order. The first step is to file a motion for contempt with the court.This motion requests that the non-paying parent be held in contempt of court for failing to comply with the child support order. If found guilty, the non-paying parent may face fines, jail time, or other penalties. In addition to filing a motion for contempt, the custodial parent can also seek assistance from the Colorado Child Support Services (CSS) program. CSS can help locate non-paying parents, establish paternity if necessary, and enforce child support orders through various means such as wage garnishment or intercepting tax refunds.
Conclusion
Child support is an essential part of ensuring that children are taken care of during divorce or separation cases.In Denver, Colorado, non-payment of child support can be grounds for requesting a change in custody. However, this is not an automatic process and requires certain conditions to be met. If you are facing issues with child support in Denver, it is best to seek advice from an experienced family law attorney who can guide you through the legal process and protect your rights as a parent.
