Child Support and Allocation of Parental Responsibilities In Paternity Actions

Are you involved in a Colorado paternity proceeding? An experienced Colorado Springs, Colorado divorce and child custody lawyer can guide you through the legal process and assist you in exploring your options. You have one bite at the apple in the court system so make it count. It is important to know and understand the legal standards that courts utilize to decide child support and allocation of parental responsibilities matters so you are aware of what is most important to the court.

Family relationships in Colorado are complex and governed by a multitude of statutory and case law provisions both under Title 14 and Title 19. Once parentage is established, then parenting time, decision-making and child support must be determined. Parentage comes with many benefits and obligations.

Once parentage is established the next step is to determine a child support obligation. Per C.R.S. § 19-4-116(6), the court shall consider the following when determining child support:

• The needs of the child;
• The standard of living and circumstances of the parents;
• The relative financial means of the parents;
• The earning ability of the parents;
• The need and capacity of the child for education, including higher education;
• The age of the child;
• The financial resources and earning ability of the child;
• The responsibility of the parents for support of others;
• The value of services contributed by the parent with whom the child lives most of the time;
• The standard of living the child would have enjoyed if the parents would have been married;
• The child support guidelines as set forth in C.R.S. § 14-10-115.

Although the age of majority is age 18, child support continues until age 19. The court may order support to be continued beyond age 19 if the child is unable to care for himself or herself because of mental or physical disability. C.R.S. § 19-4-116(8). The court can also award retroactive child support back to the birth of the child. In re Smith, 7 P.3d 1012 (Colo. App. 1999). The court may also award birth-related costs. C.R.S. § 19-4-116(3). Willful failure to pay child support constitutes civil contempt. C.R.C.P. 107, C.R.S. § 19-4-118(3). The court has continuing jurisdiction to modify a child support order. C.R.S. § 19-4-119.

Allocation of parental responsibilities, to include parenting time and decision-making responsibility, are determined in accordance with the criteria set forth in the Uniform Dissolution of Marriage Act. C.R.S. § 19-4-111(4). Colorado takes the position that it is in the best interest of families to encourage frequent and continuing contact between each parent and the minor children of the marriage. The court is not required to make findings on every statutory factor but must provide sufficient findings to in the event of appeal. In re Pawelec, 562 P.3d 106  (Colo. App. 2024).

If a parent has perpetrated child abuse or neglect, joint decision-making responsibility may not be awarded unless the parties have demonstrated that they can communicate with each other constructively on behalf of the children. C.R.S. §§ 14-10-124(1.5)(b)(IV) and (V). There are times where parenting time can be restricted. For example, a court may restrict parenting time if the court finds that the child is in imminent physical or emotional danger by a parent. C.R.S. § 14-10-129(4). Allegations of endangerment necessitate an emergency hearing which must occur no later than 14 days from the filing of a motion to restrict parenting time. Additionally, a court can restrict parenting time if a parent has been convicted of certain crimes to include: C.R.S. § 14-10-129(3)(b), including:

• Murder in the first degree;
• Murder in the second degree;
• Enticement of a child;
• Sexual assault in the first degree;
• Sexual assault in the second degree;
• Sexual assault in the third degree, if the victim is compelled to submit;
• Sexual assault on a child;
• Incest;
• Aggravated incest;
• Child abuse;
• Trafficking in children;
• Sexual exploitation of children;
• Procurement of a child for sexual exploitation;
• Soliciting a child for prostitution;
• Pandering of a child;
• Procurement of a child;
• Keeping a child in a place of prostitution;
• Pimping a child;
• Inducement of a child to prostitution; or
• Patronizing a child prostitute. C.R.S. § 14-10-129(3)(b)

There are several factors that a court considers when allocating parenting time. The criteria for allocating parenting time include:

1. The wishes of the child’s parents as to parenting time.
2. The wishes of the child, if the child is sufficiently mature to express reasoned and independent preferences.
3. The interaction and interrelationship of the child with parents, siblings, and other significant individuals.
4. The child’s adjustment to home, school, and community.
5. The mental and physical health of all individuals involved, except that a disability alone cannot be a basis for denying or restricting parenting time.
6. The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other parent.
7. Whether the past pattern of involvement of the parties reflects a system of values, time commitment, and mutual support.
8. The physical proximity of the parties to each other, as it relates to the practical considerations of parenting time.
9. Whether one of the parties has been a perpetrator of child abuse or domestic violence.
10. The ability of each party to place the needs of the child ahead of their own needs. C.R.S. § 14-10-124(1.5)(a)

The criteria for determining decision-making responsibility includes:

• The ability of the parties to cooperate and make decisions jointly.
• The past pattern of involvement of the parties with the child, reflecting values, time commitment, and mutual support.
• Whether one party has been a perpetrator of child abuse, neglect, or domestic violence, which must be supported by a preponderance of the evidence.
• The ability of each party to place the child’s needs ahead of their own.
• The mental and physical health of all individuals involved.
• The child’s adjustment to home, school, and community. C.R.S. § 14-10-124(1.5)(b).

Turning Change Into Opportunity in Colorado Springs, Colorado Divorce and Child Custody

A highly knowledgeable and experienced Colorado Springs divorce and child custody lawyer can guide you through Colorado Springs divorce and child custody matters by negotiating, mediating and litigating on your behalf. You can focus on moving to a better future instead of spending your time attempting to navigate complex legal rules and procedures.

Sabra Janko from Janko Family Law has more than 20 years of legal experience and has written “the book” on Colorado divorce and family law – “Colorado Family Law With Forms”, published by LexisNexis, which you can find here. Contact us at 719-344-5523 or complete our online scheduling request for a free 30-minute informational consultation. We also offer paid advice sessions for a more in-depth analysis of your case.