Mandatory Disclosures And Child Support

Are you involved in a divorce or child custody case involving child support? (The Colorado statutory tiles for these are dissolution of marriage and allocation of parental responsibilities). An experienced Colorado Springs 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 understand the differences between magistrates and district court judges as well as to be informed about recent changes in the magistrate review process.

Because child support is based on an income shares approach, financial disclosure is required. Financial disclosures involve the completion of a sworn financial statement and the provision of supporting documents which are then documented on a certificate of compliance. The statement and certificate are filed with the court, however the underlying documents are simply exchanged with the opposing party. Pay statements and other income documentation are the basis for the child support calculation. Disclosures are required to be provided and filed with the court 42 days after service of process of the initial filing documents.

Financial disclosures are detailed and time-consuming. Many find the process tedious yet they are required by the court. They must be received by statutory deadlines or sanctions are a possibility. However, there is no legal provision for a child support case to be reopened based on the failure to accurately provide financial disclosures, unlike a property settlement. The disclosures support calculations and impact a few other factors that support calculations such as spousal maintenance and other children.

Spousal maintenance impacts a child support award because it is counted as income to the recipient and deducted from income of the payor for calculation purposes. Therefore, spousal maintenance must be calculated before child support can be calculated. There are software programs on the market for calculation of both maintenance and child support. Use of a software program is the only practical way to prepare support calculations. The Colorado Judicial Branch includes a support calculator for the use of pro se litigants on the court website.

Financial responsibility for other children is also a relevant factor in a child support calculation. Child support paid for other children is deducted from income for child support calculation purposes. If child support is court ordered for the other children, then the court-ordered amount is deducted from income. Child support that is not court ordered can be deducted for parents with a legal responsibility to support a child. This is because many parents do not have a court order for child support, yet they are still legally responsible to support other children. In situations of legal responsibility, it may be necessary to provide documentation establishing the amount paid for support of children in order to determine what that amount is.

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 at https://store.lexisnexis.com/products/colorado-family-law-with-forms-skuSKU02903. Contact us at 719-344-5523 or complete our online scheduling request for a free 30-minute informational consultation. We also offer paid one-hour advice sessions for a more in-depth analysis of your case.