If you are a parent, then there is probably nothing that you wouldn’t do to protect your kids and make sure that they are happy. This often means that if you are going through a divorce or a breakup, you might be worried about how your kids will be affected. You probably will also be concerned about things like child support and working together to co-parent with your ex.
Under Colorado law, parenting responsibilities are determined based on the best interests of the child or children. This includes both decision-making responsibility (legal custody) and parenting time (physical custody). Both parents have an obligation to financially support their children, which may mean that you may have to pay child support to your ex. Our Castle Rock family lawyers can advise you on child custody, divorce, child support, and other family law matters and advocate for your rights.
Ascent Legal Group represents clients in Colorado family law cases. We treat each of our clients with compassion and respect, understanding that these matters are much more emotionally charged than many other legal issues. We provide strategic legal representation across a range of family law matters, including child custody, child support, and divorce. Contact our law firm today to schedule a free 30-minute consultation with a Castle Rock family law attorney.
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Family Law Cases We Handle
Divorce
A married person in Colorado can seek a divorce – or dissolution of marriage – without proving that their spouse did anything wrong. Colorado is a no-fault state, which means that you do not have to introduce evidence of marital wrongdoing (like adultery or cruelty). If your marriage is irretrievably broken, or in other words, there is no chance of reconciliation, you can file for divorce.
As an initial matter, Colorado has residency requirements to get divorced in the state. Generally, at least one spouse must have lived in Colorado for at least 91 days before filing. If you share minor children, then your kids must have lived in Colorado for at least 182 days before you file. These rules are in place to prevent someone from “forum shopping,” or moving to the state to take advantage of what they might believe to be more favorable divorce laws.
There are several steps in the Colorado divorce process. One spouse will file a petition for Dissolution of Marriage in district court. The filing party must then serve a copy of the Petition along with a Summons and blank Answer on the opposing party. The responding spouse has 21 days to answer the petition if they are in Colorado or 35 days if they are located outside the state. If the parties are sufficiently amicable, they can chose to file as Co-Petitioners, removing the requirement to serve the other party.
The court then sets an Initial Status Conference (ISC). After the ISC, either spouse can seek temporary orders from the court for things like spousal support or child custody.
Both parties must submit financial disclosures. This paperwork is required even if both parties agree to the divorce and is due prior to the ISC. Mandatory disclosures include your income, assets, expenses, and debts is a necessary step to ensuring that both property division and determination of spousal maintenance are fair.
In Colorado, assets and debts are divided fairly (which does not necessarily mean that they will be divided equally). The court will look at various factors – such as the length of the marriage and contributions to the marital estate – before dividing up the marital property. In some cases, a judge may decide to award spousal support to one party who needs it.
In many situations, the couple is able to negotiate a separation agreement. If you can come to an agreement on issues like child custody, child support, alimony, and property division, then the court may approve it if it is fair to both parties. Our Castle Rock family law attorneys can help you negotiate a settlement agreement or represent you at mediation.
If you aren’t able to agree on these issues either through direct settlement or at mediation, then your case will go to trial for a judge to make a decision based on Colorado law. At the conclusion of the trial – or when the separation agreement is approved – the judge will issue a decree to finalize the divorce. Even for an uncontested divorce, there is a mandatory 91-day waiting period before a court will finalize a divorce.
No one goes into a marriage expecting that it will end in divorce. If you are contemplating divorce, our Castle Rock family lawyers will advocate for you and work to protect your best interests. We can also guide you through the uncontested divorce process, helping you negotiate and formalize a separation agreement.
Modification of Spousal Maintenance
Spousal maintenance or alimony may be an option if one spouse requires financial support after a divorce. If your life circumstances change, then it may be possible to have this support obligation modified or even terminated. Generally, this may be possible if there has been a substantial and continuing change in circumstances that makes the current order unfair.
Pursuant to Colorado law, spousal maintenance can be modified if:
- There has been a substantial and continuing change in circumstances (e.g., a significant change in income, long-term job loss, disability, or the remarriage of the receiving spouse).
- The original maintenance order allows for modification (some agreements explicitly state that maintenance is contractual and non-modifiable).
- The modification request is filed before the maintenance term expires (once maintenance ends, it generally cannot be reinstated).
A court may grant a modification of maintenance because of:
- A significant increase or decrease in either party’s income (e.g., long-term job loss, promotion, or retirement).
- A severe illness or disability affecting either spouse’s ability to work.
- The remarriage of the receiving spouse, including a common-law marriage (maintenance is typically terminated in such cases).
- A substantial change in financial obligations (e.g., medical expenses, cost of living adjustments).
In some cases, spousal maintenance may be terminated if:
- The receiving spouse remarries or enters into a supportive cohabiting relationship.
- The paying spouse retires in good faith and experiences a significant income reduction.
- The receiving spouse becomes financially independent and no longer requires support.
These cases are often difficult and very contentious. Our seasoned Castle Rock family lawyers can work with you to develop a strong case for – or against – a modification of spousal support.
Parenting Time/Child Custody Modifications
Commonly referred to as custody, parental responsibilities in Colorado include two aspects. First, decision-making authority (legal custody) is a parent’s right to make decisions about important matters like healthcare, religion, and education. In Colorado, decision-making authority is usually shared, but it may be awarded to one parent in some situations.
Second, parenting time (physical custody) is the amount of time that each parent spends with their child. This is important not only to maintain your relationship with your child(ren), but also because it can affect child support obligations. Generally, if both parties have about the same number of overnight visits, they have joint parental responsibilities. Otherwise, a parent with fewer than 90 overnights is the noncustodial parent.
For both types of custody, a court’s decision will be based on the best interests of the child or children. A judge will consider a number of factors to decide what is in the child’s best interests:
- The parents’ wishes;
- The child’s preference (if they are old enough to express a “reasoned and independent” opinion);
- The child’s interaction and interrelationship with parents, siblings, and anyone else who may significantly affect the child’s best interests;
- The child’s adjustment to home, school, and community;
- The mental and physical health of all individuals involved;
Each parent’s ability to encourage the child’s relationship with the other parent
- whether the parents’ past pattern of involvement with the child reflects their time commitment, mutual support, and a value system;
- How close the parents live to each other, and the effect on parenting time;
- Both parents’ ability to place the child’s needs ahead of their own; and
- Any information provided to the court about domestic violence in the family.
Alternatively, you and your ex can make an agreement about how to share parental responsibilities (whether or not you were married). This is often the less expensive – and less emotionally draining – option. It may not be possible to agree to a parenting plan with your ex, but our Castle Rock family lawyers can work with you to help you negotiate an agreement that will be approved by the court.
It is possible to have an informal agreement with your ex. However, this can become an issue in the future if you or your co-parent have a change in circumstances, want to modify your agreement, or refuse to comply with the agreement. Our family law attorneys in Castle Rock can help you negotiate, draft, and submit a parenting plan to the court for approval. If the agreement is in the best interests of your child, a judge may approve it without the need for going to a trial.
It is possible to modify a custody order. Typically, this can only be done if it is in the best interests of the child and there has been a change in circumstances. For example, if one parent is transferred to a different state for work, then that will likely warrant a custody modification.
Child custody cases can be challenging for both parents. Our Castle Rock family law attorneys will help you understand your rights so that you can make an informed decision about how to move forward with your case. Whenever possible, we will negotiate a fair parenting plan in the best interests of both you and your child – but we have the skill and experience to take custody cases to court when necessary.
Colorado Child Support Modifications
Colorado is a bit different from many states in that it uses the “income shares” method. This is based on the notion that both parents are required to financially support their children. Using income shares is a way to make sure that a child receives the same level of financial support that they would have received if their parents stayed together.
Typically, the custodial parent (whoever has the most overnight visits) will receive child support payments from the noncustodial parent. However, this may not always be the case, as Colorado’s child support laws are based on a specific formula and guidelines.
The Colorado child support guidelines rely on multiple factors to calculate child support. This includes:
- The gross income of both parents (including salary, wages and tips, commissions, bonuses, overtime pay, Social Security benefits, trust income, and unemployment benefits);
- Any income the child might have;
- How many overnights the child spends with each parent;
- Expenses such as health insurance and daycare; and
- Other child support orders, financial support given to children the parent has with another partner, and any alimony that might be due or received.
Once each parent’s income has been determined, the court will decide on a combined basic child support obligation using a chart. A judge can deviate from this number due to things like healthcare and childcare costs, as well as any other major expenses. This number is an estimation of what both parents would have spent on the child if they were still living and parenting together.
The final step is dividing up the basic child support obligation between the parents based on how much parenting time each has (overnight visits). Payments are typically made through the Colorado Family Support Registry.
If your circumstances have changed, you can petition the court to modify the child support order with the help of a Castle Rock family law attorney. For example, if you are paying child support to your ex and lose your job, then you might be able to get your child support payments reduced. In another example, if your child is diagnosed with a medical condition that requires expensive medical treatment, then the child support order might be increased.
Determining child support can be extremely complicated. While Colorado uses guidelines and charts, a court will still consider other factors when making a decision. If you share custody of your kids with an ex, we can help you navigate the process of establishing or modifying child support.
Talk to a Castle Rock Family Law Attorney Today
Divorce, child custody, and child support are some of the most emotionally difficult cases that any law firm can handle. As experienced Castle Rock family lawyers, we understand Colorado law and how judges are likely to apply the law to your unique situation. We are also skilled negotiators who can use this same knowledge to help you reduce costs and stress by helping you come to an agreement with your ex when possible.
At Ascent Legal Group, we advocate for clients in a range of Colorado family law matters. We offer legal representation for divorce, legal separation, child support, and child custody cases. Call our law offices today at 719-256-0067 or fill out our online contact form to schedule a free 30-minute consultation with a Castle Rock family law attorney.