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Family Law FAQ
How is child support calculated?
The process for calculating child support payments is long and complex; it involves mathematical functions and takes into account various factors.
Here in Colorado, the courts abide by an Income Shares Model to calculate child support payments.
This model calculates the amount of money that parents would have spent on the child if the marriage had continued. This amount is then split between the parents according to their respective adjusted gross incomes.
The Colorado Courts then apply your adjusted gross incomes to a Basic Child Support Worksheet, which provides the amount of child support due.
How long do I have to pay child support?
In Colorado, parents are required to pay child support until the child is 18 and out of high school or 19 and a full-time high school student.
How does child custody work?
Our lawyers will work with you to establish the best custody agreement for your child. We’ll create a custody agreement that is in the best interest for your child and still of your child or children.
Child custody is divided into two areas that affect a custody agreement, the child, and how the child will spend time with each parent: legal custody and physical custody.
Physical custody simply refers to with whom the child lives. Of course, physical custody isn’t a simple matter, as a parent with physical custody is obligated to care for the child’s physical, emotional, and social needs. These needs include food, shelter, education, transportation, social development, and community involvement.
Legal custody refers to the right to make decisions regarding a child’s upbringing. Legal custody involves how a child is educated, what religion the child will be raised, and what decisions will be taken when it comes to non-emergency healthcare.
What are the types of custody arrangements that I could find myself in?
There are various types of custody arrangements that you could find yourself in. A judge will decide what the best balance of sole custody and legal custody is for your situation. The child custody situations are:
- Joint: In the case of joint custody, both parents have simultaneous physical and legal custody
- Alternating: In an alternating child custody arrangement, parents alternate having sole physical and legal custody
- Shared: In a shared child custody arrangement, parents share legal custody but alternate physical custody of the child
- Sole: One parent has physical and legal custody of the child
- Split: In a split custody arrangement, both parents each have full, sole custody over certain children in the marriage
My ex-spouse wants to move far away, but we share custody. Can he/she do that?
Despite how you and your ex-spouse split custody, there is a chance a court could modify the custody agreement when it comes to a big move.
The court usually considers a number of factors in modifying custody for a move, including:
- The quality of the parental relationship at risk
- The reasons for the move
- The reasons for objection
- Educational opportunities in the new area
- If extended family members live within the new area
What are restraining orders?
Restraining orders, also known as protection orders, are legally-enforced court orders that prohibit an individual from communicating with or being near another person.
Every law enforcement agency and court are legally required to enforce restraining orders, regardless of the state of origin; if you acquired a restraining order against someone in Nevada, that protection order still applies here in Colorado.
How do I get a protection order (restraining order)?
To file a protection order, you must appear in court twice; one court appearance declares the need for a restraining order and why you need one, while the second court appearance provides the defendant the opportunity to object to the order or to explain why the restraining order is not necessary.
Once a protection order is filed it is permanent. However, if the plaintiff has children with the defendant, and they have not filed for divorce within 120 days, the court order expires after 120 days.
Our family law attorneys will provide the representation and support you need to protect yourself when it comes to domestic violence. We’ll employ every applicable law to ensure you are safe.
What’s the difference between guardianship and adoption?
The difference between guardianship and adoption is that a caretaker doesn’t need to terminate a child’s legal relationship to his or her parents in order to be a legal guardian.
*Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.