While the law has been changing from time to time, one concept of child support law has remained unchanged for quite some time. Regardless of whether the child’s parents are together or not, Colorado’s child support law requires that the two parents offer support to the child. In 2017, Colorado’s legislature implemented some laws and regulations regarding child support.
Besides, there are different cases in both state and federal courts over the last few years that are more likely to have effects on different aspects of Colorado’s child support laws. If you have a child and are considering divorce, it is essential to understand your options by consulting with an experienced attorney. The lawyer can also help you calculate how much child support you can get and handle the entire case for you.
The statutory limit on retroactive child support
Generally, retroactive child support refers to the support offered for a certain period before the start of the child support payments. An example of the time retroactive child support may arise is if one parent wasn’t paying any form of support when the child was born, and there are expenses associated with labor and prenatal activities. Alternatively, a parent will have to make retroactive child support payments from the start of divorce through the time of which a child support order is issued by the court.
Before the 2017 reforms, there was no specific limit to the period that could pass between the spouses consenting to a voluntary change in child custody and a court’s ruling (upon request and at the desired discretion of the court) to change child support retroactive support may be issued for an unrestricted period based on the court’s discretion. Note that C.R.S. 14-10-122 outlines all the essential provisions for maintenance, support, and property disposition.
As of 2017, January 1st, C.R.S. 14-10-122(5) was changed, and a statutory limit was included. Currently, retroactive child support can be awarded up to five years. That means that even if your son or daughter is ten years old and you are pursuing retroactive child support from his or her birth, it is more unlikely that the court will award that due to the 2017 statutory limit.
Credit for a non-joint child
A non-joint child is simply a child that is the legal responsibility of one parent. It is a child, whether adopted or biological, of which a single parent has the legal responsibility. The Colorado State law offers parents with a non-joint child a credit. That means that the child lowers the reported income for the calculation of child support.
Exchange of financial details is now a requirement
Prior to the 2017 modifications to the C.R.S. 14-10-115(14), the court could order a periodic exchange of financial details between the parents, but it was not a requirement. However, following the recent amendments, the exchange of financial details isn’t required unless there is a court order stating otherwise.
There is more than just overnights consideration
Colorado’s child support law previously based its determination of child support on the number of overnights the child in question spends with each of the parents. The recent amendment to C.R.S. 14-10-115(8)(e) make sure that the court can deviate from this basis. The courts can now consider other factors to accurately determine the amount of time the child spends with each of the parents.
