DIVORCE (General)
Should I represent myself in my domestic relations (divorce, parental responsibilities, child support) case?
This depends on your particular circumstances. The State of Colorado Judicial Branch provides a self-help center on their website: www.courts.state.co.us. You can find forms and information there, but those items do not sufficiently address every person’s circumstances. Also, the court process can be confusing, particularly regarding deadlines that need to be met. If you have questions, even if you plan to represent yourself, you should consult with an attorney. Most attorneys charge a relatively small fee for an initial consultation. You can better decide after that consultation whether you should represent yourself.
I’ve been told that Colorado is a “no-fault divorce state.” What does that mean?
In Colorado, the court will never consider evidence of the reason you are getting divorced. An example is when one spouse has an affair that leads to divorce. That spouse will not be punished in the divorce case. In fact, the judge will not accept evidence of such situations.
How long do I have to live in Colorado before I can file for divorce?
You must be a resident of Colorado for at least 91 days before you can file for divorce.
How much is the filing fee for filing a divorce case in Colorado?
It varies in different districts of the state, but the fee is at least $184 to file the case.
CHILD SUPPORT
How is child support calculated?
Child support is calculated using a formula established by statute. The formula uses each parent’s gross income and any daycare or health insurance costs for the child. In some cases other regular costs for the child, such as ongoing psychological counseling and the number of overnights the child spends with each parent are included. To calculate child support in your case, utilize the Microsoft Excel spreadsheet at the state court web site:
www.courts.state.co.us/chs/court/forms/domestic
Can my spouse and I agree that neither of us will pay child support?
Again, child support is calculated based on a formula. If you wish to stray from that formula, you must provide a sufficient reason to the court.
When does child support end?
The age of emancipation for child support purposes in Colorado is generally 19, with some exceptions. A child emancipates and child support may end before age 19 if the child marries, enters the military, or otherwise moves away from home and is financially independent. Child support may continue past the age of 19 if the child is disabled or still in high school.
Will my child support ever go up or down?
The legal standard in Colorado for modifying child support is that there has been a substantial and continuing change in circumstances warranting a modification of child support. That standard has been defined to mean that the new calculation results in at least a 10% change in the child support figure (either up or down). For example, if your child support is now $200 per month, and your income has increased significantly since the child support order was entered, you must re-calculate child support based on your new income and any other factors that have changed. If the new worksheet results in a child support figure of at least $220, there are legal grounds to modify your child support.
My spouse is behind on his/her child support. What can I do?
One of the first things to do is contact your local Child Support Enforcement Unit, which is usually administered through the County Attorney’s Office or the Department of Social Services. For almost no fee they will assist you in attempting to collect the child support owed. These state entities have special powers of enforcement, such as garnishing bank accounts and revoking driver’s licenses to obtain compliance with a child support order.
My spouse doesn’t work. How does this affect child support?
If a parent is not working, and does not have a child of the relationship at issue in the court case that is under the age of 30 months, the court may impute income to that spouse for purposes of calculating child support. In other words, the court may use minimum wage or some other income figure for the parent who is not working when they prepare the child support worksheet.
Will my wages be garnished for child support?
In some cases, yes. The court can order that child support be paid through a wage assignment or garnishment. However, as a practical matter, wages are usually not garnished for child support unless the person paying support gets behind.
What is the Family Support Registry?
The Family Support Registry is a clearinghouse established by the state to keep track of child support payments. In most cases, child support will be paid through the Registry. This does not mean that wages will be garnished. It merely means that the check will be sent to the Colorado Family Support Registry at P.O. Box 2171 Denver, CO 80201.
