Child support is money meant to solely support a child or children. This may seem straightforward. However, some parents may try and abuse child support and treat it as alimony, or maintenance. Child support is calculated by the court and is meant to allow the child to live a life as close to what their life would have been like with parents who are still together.
When child support is being calculated, the court considers the following:
The standard of living the child or children would have experienced with an intact household
The physical and emotional stability of the child or children
All financial resources available
Financial resources of the custodial parent
The child or children’s educational needs
Any financial resources of the noncustodial parent
The number of overnight stays each parent has
Which parent pays for health insurance that covers the child or children
If the child earns an income
Any large expenses the child requires
It is rare for a parent to be excused from paying child support. The only time that a parent or guardian may be excused from child support is if or when there is an occurrence out of their control, such as a serious or chronic illness or sudden, large medical expenses. It is also important to note that custody and visitation are exclusive issues. So, even if one parent is denying the other parent custody, child support will still be due. Refusal to allow a parent to have their fair share of custody is a different issue. If you are dealing with a parent who is refusing you lawful visitation or custody, give us a call at Kinnaird Law to settle the misconduct taking place. Time spent with the child or children has nothing to do with how much child support is owed, either. For example, even if each parent has the exact same time per year with their children, only one parent may pay child support. This is because child support is about money and not physical time spent together. There are rare cases where child support may be modified or changed under certain circumstances. For example, if a child were to split their time evenly among parents but then decide they only wanted to live with their father, the parent losing time with the child may motion for a change in child support. It may not always work out, but parents have the legal right to request modifications of child support.
For expert help with child support cases or contracts in Colorado Springs, Colorado, give Kinnaird Law a call today or schedule a free consultation.