Child Support in Denver, Colorado: How Remarriage Affects Payments

Child support is a crucial aspect of divorce proceedings, especially when children are involved. It is a legal obligation for non-custodial parents to provide financial support for their children until they reach the age of majority or become emancipated. In Denver, Colorado, child support payments are determined based on the income of both parents and the needs of the child.

Understanding Child Support in Denver, Colorado

In Denver, child support is calculated using the Income Shares Model, which takes into account the income of both parents and the number of children they have. This model aims to ensure that the child receives the same level of financial support they would have received if their parents were still together. The court considers various factors when determining child support payments, including the income of both parents, the cost of health insurance for the child, and any special needs or expenses of the child.

The court may also consider the standard of living the child would have had if their parents were still together. Once a child support order is in place, it is legally binding and must be followed by both parents. Failure to pay child support can result in penalties such as wage garnishment, suspension of driver's license, and even jail time.

How Remarriage Affects Child Support Payments

Remarriage can have a significant impact on child support payments in Denver, Colorado. When a parent remarries, their new spouse's income may be considered when calculating child support payments. This is known as "income attribution."Income attribution is not automatic and is only considered if it is deemed fair and reasonable by the court.

The court will consider factors such as whether the new spouse has a legal obligation to support the child, the financial resources of the new spouse, and the standard of living of the new household. For example, if a non-custodial parent remarries someone with a high income, the court may attribute a portion of that income to the non-custodial parent for child support purposes. This means that the non-custodial parent may be required to pay a higher amount of child support than they would have if they were still single. On the other hand, if a custodial parent remarries someone with a low income, the court may attribute a portion of that income to the custodial parent. This could result in a decrease in child support payments from the non-custodial parent.

Modification of Child Support Orders

If either parent experiences a significant change in circumstances, they can request a modification of their child support order. This includes changes in income, changes in the needs of the child, or changes in custody arrangements. Remarriage is considered a significant change in circumstances and can be grounds for modifying child support payments.

If either parent remarries, they can request a modification of their child support order to reflect their new financial situation. However, it is important to note that remarriage alone does not automatically result in a modification of child support payments. The court will still consider all relevant factors before making a decision.

Impact on Custody Arrangements

In Denver, Colorado, child support and custody arrangements are two separate issues. Remarriage does not automatically affect custody arrangements, but it can indirectly impact them. If a custodial parent remarries someone who has a criminal record or poses a risk to the child's safety, this could be used as evidence to modify custody arrangements. On the other hand, if a non-custodial parent remarries someone who can provide a stable and safe environment for the child, this could be used as evidence to modify custody arrangements in their favor.

Conclusion

Remarriage can have a significant impact on child support payments in Denver, Colorado.

The court will consider various factors before attributing a new spouse's income to either parent for child support purposes. If either parent remarries, they can request a modification of their child support order to reflect their new financial situation. Remarriage can also indirectly impact custody arrangements, depending on the circumstances of the new spouse.

Theodore Bueschel
Theodore Bueschel

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