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A Dedicated and Responsive
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Matthews & Matthews, P.C.
Family Law Consultation and Representation
Our Services/FAQs
Child
Support
-How does the judge decide who pays
child support (and how much)?
The judge will calculate the child support amount with a pre-determined
formula (Colorado Child Support Guidelines). Unless someone presents
evidence of special circumstances, that amount will stand.
Both mother and father are equally responsible for the support of the
minor children, and that often implies some sort of financial help from
one parent to another, after considering each parent’s income and the
number of days (overnights specifically) that each parent spends with
the child/children. In other words, if one parent cares for the children
80% of the time, but his/her spouse has a significantly higher income,
then he/she will need to pay support to the parent with the lower
income. Both parties will need to provide the Court and one another with
pertinent financial documentation (pay stubs, income tax returns, etc.).
Our attorneys work can work with you directly to determine what child
support can be expected using the Colorado Child Support Guidelines.
-What can I do to guarantee that my spouse will pay child support?
Your lawyer can help you take the appropriate legal action if your
spouse is delinquent in child support payments. This legal action is
called a Motion for Contempt. During a Contempt Hearing, the Court has
the power to order that child support funds be taken directly from the
ex-spouse’s paycheck if he/she is employed. It is important to note
that this process does take time and if the Court does order a
“Garnishment” or a “Wage Assignment” that it may still take a month or
more for you to start receiving the funds.
Ultimately, if an ex-spouse continues to refuse to pay child support and
it is not possible to garnish or assign their wages directly, the Court
does have the power to put your ex-spouse in jail for non-payment of
child support.
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Matthews & Matthews, P.C.
1890 Gaylord St.
Denver, CO 80206
Phone: 303.329.3802
Fax: 303.316.0461
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