Calculating child support

In divorces or separation cases where children are involved, the court takes asset allocation very seriously. Its primary concern is ensuring the best interests of the children are protected. That may mean that a parent who is more financially secure than other may be responsible for child support payments. 

Regardless of the parties’ financial status, the court will work to ensure that both parties are aware of and agree to a financial plan for the children. This can include a range of things like who will pay for health care insurance, doctor’s visits, extracurricular activities, and more.

If you or a loved one are considering a divorce but you aren’t sure if you’ll be able to afford raising children without your former spouse’s help, the state of Colorado has developed a useful online calculator that may help you determine how much child support you may receive or have to pay. While the calculator may help you get an initial idea of your financial landscape, it’s best to discuss child support and all of your options with your attorney, who can help advocate for the best results for both you and your children.

Similarly, if you are having issues collecting your child support, contact your attorney to discuss your options. You may also want to research the range of resources that the federal and state government share to help parents who are having difficulty collecting child support payments.

Modifying visitation decrees

Because divorces and legal separations can be so difficult on families, and because situations can change or improve over time, Colorado law allows parents to petition the court for modifications to visitation and custody decrees. For example, if you were not initially able to financially support your children half-time, but your job circumstances improve, you may want to petition the court for more time with your children. Additionally, a child may need to spend more or less time with one parent because of his or her school or sports schedule.

The family law court will consider modifications to custody and visitation decrees, but it’s important to note that you must have a compelling reason for doing so. For most changes to be granted, the court must believe that it is in the best interest of the children, not the parents, to make the change. If you’re considering a change to an existing agreement, reach out to your attorney to learn more about the process and discuss whether your circumstances are a compelling reason for modification.

What are my rights as a grandparent?

Grandparents often share a very special bond with their grandchildren, but Colorado law does not automatically provide visitation rights for grandparents who’s grandchildren who’s parents have gone through divorce or separation.

Under state law, a grandparent can ask a family law court for reasonable grandchild visitation rights in the following situations if the grandchild’s parents have obtained a divorce; the child is in custody of someone other than a parent; or if the child's parent, who is the child of the grandparent seeking visitation, has died.

The family law court is under no obligation to issue visitation, but may do so if it thinks visitation is in the best interest of the grandchild.

If visitation is granted, it is subject to the same rules and modifications that parental visitation is.

And note that state law terminates grandparent rights and visitation if the grandchild is adopted, or if the parental rights of the child's parent who is the child of the grandparent are terminated.

The difference between equitable and equal division

Colorado is a marital property state, which means that property and assets that the couple owns together will be divided equitably.  Equitable division is not the same as equal division of property, which is the state law in some other areas of the country.

Because an exactly equal division of property might not be fair to both parties, Colorado law instructs judges to divide the property equitably or fairly. In many cases, that means there will be an equal division, but the court can consider a range of factors when deciding who will receive what.

Among the chief considerations a judge may use are how much each spouse contributed in purchasing the property, including nonmonetary contributions as a spouse may make as a homemaker; the economic circumstances of each spouse at the time of the separation; and whether division of shared property might affect children; 

In addition to those considerations, the judge will also work to ensure that existing debts or loans will be paid.

Some general rules: 

• With some exceptions, property acquired during marriage is generally marital property, regardless of how it is titled.

• Marital property includes real property, stocks/mutual funds, retirement plans (including military retirement), bank accounts, the increase in value of one spouse's separate property, and tangible property such as vehicles and household goods.

• Generally, property that either spouse brought into the marriage is the separate property of that spouse, but there are exceptions to this as well.

• Be prepared to discuss these and other issues with your attorney and ensure that you have full records on any and all property that may be subject to division.