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Child Support

Both parents have an obligation of support to their unemancipated children and either spouse may have a duty of support to the other spouse arising out of an agreement or Court Order.

Spousal Support
In circumstances in which there is insufficient property to provide income for the support of a spouse or that spouse does not have the capacity to provide his or her own reasonable support (or is caring for a child under 30 months of age or who is incapacitated), spousal support (maintenance or alimony) may be ordered for a period of time. If the parties cannot agree as to the necessity, amount or duration of spousal support, the Court or arbitrator will consider evidence concerning the maintenance-seeker’s employment, education, work experience, age, mental and physical health, length of the marriage, and standard of living during the marriage as well as the potential maintenance-payor’s ability to meet his or her own financial needs while meeting the needs of the maintenance-seeker and enter orders as to the necessity, amount and duration of such support. If the parties can reach agreements as to spousal support there are more options available to them than can be obtained through the courts.

Child Support

By law, both parents must provide support for their children either by payment of a child support order or the direct payment of expenses such as housing, utilities, food, clothing and educational expenses. Further, the State of Colorado has set minimum payment standards (Child Support Guidelines) that utilize a formula based on the number of children for whom support is sought and the number of children from other relationships for which support is paid, the income of each parent, the costs of health insurance or other medical needs, extraordinary expenses and the amount of time each child is in each parent’s household.

When child support is not paid as ordered, there are several means of attempting to collect those past due amounts including wage assignments, garnishments, liens and contempt proceedings.

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