Colorado Child Support Lawyers
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At Fisher & Associates, P.C., we know that your children come first. We also understand that child support determinations can be among the most difficult and contentious issues to be resolved in a divorce or separation case.
When parents decide to separate or divorce, their lives change, but their children’s needs do not. Housing, school supplies, medical care, meals, and after-school activities all continue. Child support is designed to ensure that both parents continue to share responsibility for their children’s needs, so their children have what they need to grow and thrive.
The child support lawyers at Fisher & Associates, P.C. help parents across Colorado establish, modify, and enforce child support orders that are fair, accurate, and designed to secure their children’s well-being. We know these cases are not just financial, they’re personal, and often deeply emotional. Our role is to steady the process and help our clients understand how their unique circumstances fit within the legal framework of child support determinations. With our comprehensive knowledge of Colorado law and our compassionate yet practical approach to problem-solving, we can help you fashion a child support agreement that is fair and sustainable and that ensures that your children have the financial support they need even after your divorce or separation is final.
Why Should I Hire a Child Support Lawyer?
Hiring a lawyer for a child support matter can make a significant difference in protecting both your rights and your child’s best interests. Colorado’s child support laws are complex and the process of reaching an agreement on child support can feel overwhelming, filled with strict court deadlines, evidentiary requirements, and emotionally charged discussions about parenting responsibilities. A skilled child support attorney can step in to manage the legal complexities, making sure your child’s needs are fully represented and the support amount awarded reflects your true financial situation. Whether you are seeking support or being asked to pay it, a lawyer can help ensure that any agreement reached is fair and reasonable.
Beyond the numbers, your child support attorney will serve as your advocate and guide through what is nearly always a stressful and contentious process. They will help you negotiate with the other parent, represent you in hearings, and protect you from common pitfalls such as miscalculations or missed deadlines.
Most importantly, an experienced child support attorney knows how to keep the focus where it belongs: on the stability of your household and the well-being of your child.
We Can Assist You With:
- Establishing an initial child support order – We help parents file initial petitions requesting child support, compile and present accurate financial information in support of their petitions, and we advocate for a fair and lawful support order.
- Responding to a support petition – We assist parents who have been served with child support papers in responding to the petition for child support, ensuring their rights are protected and financial circumstances are accurately presented.
- Disputes over income calculation – We help our client’s address complex financial issues like hidden income, self-employment income, bonuses, or irregular earnings that can complicate support calculations.
- Attributing or imputing income – Where income is at issue and there is evidence that a parent is willfully unemployed, underemployed, or working below their earning potential, we investigate that parent’s employment history and employability and advocate for the imputation of income based on earning potential rather than actual earnings.
- Medical and childcare expense disputes – Where the costs of medical care or childcare is disputed, we help our clients to clarify what their actual insurance premiums, uncovered medical costs, and daycare expenses are and how they should be allocated between both parents.
- Temporary support agreements – Once a case involving child support is filed but before permanent orders are entered, we assist our clients in negotiating temporary child support arrangements outside of court where possible or in front of a judge when necessary.
- Modifying child support orders – When circumstances change and one parent believes that the child support order needs to be modified, we assist our clients in filing or defending motions to modify child support orders.
- Enforcing and collecting unpaid child support – When one parent stops paying, we help our clients take the required legal steps to alert the court to the delinquency and collect past-due payments.
- Defending against enforcement actions – Where our clients have been accused of nonpayment, we work with them to prepare an individualized defense that either refutes missed payments or demonstrates their good-faith efforts to comply with support orders and addresses the financial hardships preventing them from doing so.
While it is possible to represent yourself in a child support matter, a qualified child support attorney can ensure that you understand your legal rights before you negotiate or agree to any child support arrangement. Raising children is expensive and when you are negotiating support, details matter. We will help you understand the legal framework for determining child support, how your unique circumstances fit within that framework, and how best to present your case to the court to achieve an outcome for your family that is both fair and sustainable
At Fisher & Associates, P.C. we understand that every family is different but that the priority in any child support determination or dispute is always your child’s welfare. Even when both parents want to do what’s best for their children, disputes around child support payments frequently arise. Our experienced child support team will help you keep the focus on your child’s needs and the emphasis on a achieving a fair and reasonable resolution.
Understanding Child Support in Colorado
In practical terms, child support is the court-ordered payment made by one parent to the other to ensure that the child receives adequate financial support even after parents separate or divorce. Child support arises out of the legal obligation of both of a child’s parents to contribute financially to their care and support. It is the mechanism by which the parties in a divorce or separation share responsibility for their children’s care, maintenance, education, and welfare, in proportion to their incomes and according to their child’s needs.
Child support generally continues until the child reaches the age of emancipation in Colorado-typically 19, but support may extend beyond that age if the child is still in high school, the child has a physical or mental condition that prevents self-support, or the parents agree to extend it.
Colorado’s child support system is specifically designed to:
- Provide for the Child’s Basic Needs.
This includes food, clothing, housing, medical care, and education. Child support ensures that the child’s essential welfare is protected regardless of where they live and whether custody is shared or one parent has sole custody. - Preserve Economic Stability for the Child.
Colorado’s child support system aims to stabilize a child’s living situation and keep the child’s standard of living as close as possible to what it would have been had the child’s parents remained together. - Promote Fairness Between Parents.
Child support obligations are based on the combined income of both parents and divided in proportion to what each earns (the “Income Shares Model”). This reflects the belief that both parents share financial responsibility for the child, not just the one who provides day-to-day care. - Reduce Conflict and Increase Consistency.
The use of Colorado’s statewide child support guidelines ensures that families with similar financial situations receive similar results, reducing subjectivity and promoting predictability in child support outcomes.
How is Child Support Calculated in Colorado?
Colorado’s Income Shares Model
Colorado uses what’s called the “Income Shares Model” to calculate child support. This model is designed to estimate what parents would have spent on their child had they stayed together and then to divide that cost between them in proportion to their respective incomes. In other words, both parents continue to contribute to the child’s financial needs in proportion to how much each of them earns.
The Benefits of the Model
Colorado’s Income Shares Model promotes:
- Fairness, by recognizing both parents’ financial contributions,
- Predictability, by using a standardized schedule, and
- Transparency, since anyone can apply the formula using the statutory tables and worksheets.
The Income Shares Model also encourages cooperation. Parents can easily see exactly how their incomes and parenting schedules result in a particular support structure and outcome. Ultimately, the Income Shares Model creates a system based on facts and data rather than arguments or opinions.
The Core Factors the Court Considers
When determining child support obligations, the court considers a number of key factors:
- Gross Monthly Income
The main factor in a child support calculation is the parents’ gross monthly income. “Gross income” is defined broadly to include not only basic wages or self-employment income but also any other form of income received by a parent that contributes to that parent’s available financial resources. - Number of Children Covered by the Order
Under Colorado’s Child Support Guidelines, support obligations adjust to account for the number of children requiring support. As the number of children increases, the parents’ total support obligation increases as well. - Parenting Time and Overnights
Parenting time—the number of overnights a child spends with each parent, directly affects support calculations and obligations. Generally, the more overnights a child spends with a particular parent and the more day-today expenses that parent directly covers, the lower that parent’s support obligation will be. - Additional Expenses
In addition to each parent’s basic support obligation, Colorado law allows for “add-ons” to the parents’ child support obligations for what are termed “additional expenses”. These include certain education expenses, health insurance premiums for the child, uninsured or extraordinary medical expenses or work-related childcare costs.
How the Income Shares Model Works in Practice
- Determine and Combine Both Parents’ Gross Monthly Incomes.
The first step in any child support calculation is the determination of each parent’s gross monthly income. These income amounts are then combined to create a combined gross monthly income figure. - Find the Basic Child Support Obligation.
The court then refers to the schedules found in the Colorado Child Support Guidelines, which provide estimated monthly child-rearing costs at various combined income levels and for various numbers of children. - Determine Each Parent’s Percentage Share.
Each parent’s percentage share of the combined income determines how much of the total support obligation is their responsibility. For example, if Parent A earns 70% of the combined income and Parent B earns 30%, then Parent A would be responsible for 70% of the total support obligation and Parent B for 30%. - Adjust for Parenting Time.
Adjustments are made to each parent’s child support obligation to account for the number of overnights the child has with each parent. - Add in Additional and Extraordinary Expenses.
Costs such as health insurance premiums, work-related childcare, and uninsured medical or educational expenses are added to the base obligation and divided between parents in proportion to their respective incomes. - Result: Monthly Child Support Obligation.
After adjustments, the final child support figure reflects what one parent pays to the other to ensure that the child receives the same level of support from both parents combined as they would have received had the household remained intact.
In making child support awards, courts can deviate from the Child Support Guidelines when strict application would be “unjust or inappropriate” under the family’s particular circumstances. Grounds for deviation might include the requirement to care for a child with special needs, other extraordinary care expenses unique to their family, or high travel costs related to parenting time.
Once the court has determined the appropriate child support amount, it issues a permanent child support order. This order establishes the monthly support to be paid and who will pay it and sets expectations for ongoing financial responsibilities such as healthcare and daycare costs. Unless modified by the court, the permanent order generally remains in effect until the child reaches the age of emancipation in Colorado—typically 19.
The Impact of Child Custody on Child Support
In Colorado, the amount of parenting time each parent is allotted directly affects how child support is calculated. The state’s Child Support Guidelines account for not only each parent’s income but also how many overnights the child spends in each parent’s household. This is because parenting time influences each parent’s obligations to cover day-to-day expenses for the child, such as food, housing, and transportation.
When one parent has the majority of parenting time, that parent typically receives higher child support payments from the other to help cover the child’s living expenses. Conversely, if the parents share roughly equal parenting time, the court may adjust the support amount downward. The formula used by Colorado courts balances parenting time schedules with the practical costs of maintaining two households. Ultimately, parenting time and child support are closely linked and the priority is to provide children with stability and ensure that their needs are met with consistency, regardless of which parent they are with.
How the Court Determines Each Parent’s Income
Proving Income: The Power of Accurate Disclosure
As a part of the child support determination process, Colorado courts require both parents to complete and exchange sworn financial statements and provide each other with supporting documentation such as recent pay stubs, tax returns, and proof of benefits or mandatory deductions. When preparing these disclosures, accuracy matters. Even small mistakes—like forgetting to include commissions or underestimating business revenue—can lead to unnecessary disputes and result in later modifications of support orders when these mistakes or omissions inevitably come to light.
When representing clients, the child custody team at Fisher & Associates, P.C. ensures that every financial disclosure is backed by credible documentation. Transparency builds trust, both with the court and between parents, and it prevents the disclosure process from turning into a drawn-out argument about “who makes what.”
We also understand that if you are self-employed, this stage in the child support determination process can be especially complex. We help our clients identify and document both their gross revenue and their legitimate business expenses, enabling them to present their income to the court and the other party in a clear and accurate way.
Gross Income Determinations
The court cannot fashion a fair child support order without knowing what both parents actually earn—or reasonably could earn. Because financial situations can vary so much from family to family, this step often becomes the most detailed and complicated part of a child support determination.
Under Colorado law, “gross income” is defined broadly. It includes wages, salary, overtime pay, commissions, bonuses, self-employment income, dividends and other investment income, and all other forms of payment that contribute to a parent’s financial resources.
If a parent receives a steady salary and also annual bonuses, both would be included in calculating their income. Likewise, if a parent owns a small business, their self-employment income will be calculated after deducting reasonable and necessary business expenses. In calculating gross income, the court may also consider benefits that reduce a parent’s living expenses—such as free housing or a company vehicle, since they would affect a parent’s ability to contribute to their child’s support.
Imputed Income: When Potential Earnings Are Used Instead of Actual Pay
Under Colorado law, courts are permitted to impute income to a parent when they determine that that parent is “voluntarily unemployed or underemployed.” The intent is to prevent a parent from avoiding financial responsibility for their children by refusing to work, working less than full time, or working for reduced pay when higher paying jobs are available to them.
Where there is evidence that one parent is not working to their full potential, having voluntarily left a job, taken part-time work despite being qualified for full-time employment, or chosen to remain unemployed where employment opportunities are available in their field, courts have the option of basing the gross income calculation for that parent on “imputed income”-a number representing what that parent could earn, based on their education, skills, and local job market conditions.
For example, if a parent with a history of earning $60,000 per year leaves that job and takes a minimum-wage position without a valid reason, the court may still calculate child support based on their prior earnings and their earning potential. The same can apply if someone quits their job just before a support hearing or claims they can’t find work but has provided no evidence of diligent and sustained job-searching.
If you find that your co-parent’s reported income doesn’t reflect reality, we can help. The child support attorneys at Fisher & Associates, P.C. understand how to present these issues to the court in a fact-based way supported by financial records, bank statements, or where necessary expert opinions, to show your ex-spouse’s true earning potential. Conversely, if you are accused of being willfully unemployed or underemployed and your income has genuinely decreased through no fault of your own, we know how to formulate an individualized defense including evidence that documents and supports your changed circumstances.
Temporary and Permanent Child Support Orders
There are two forms of child support orders in Colorado: temporary and permanent. Understanding the timing and function of each of these types of orders in a divorce or separation case is critical to making the best financial decisions both during the pendency of your case and in the negotiation of long-term support arrangements.
Temporary Orders: Immediate Support During a Pending Case
When a divorce, separation or other parental responsibilities case is filed, the parties can request that the court issue temporary orders to provide guidance on how parenting time, child support and the payment of any bills or debts will be handled while the case moves forward.
Temporary orders are exactly that-temporary. They remain in effect until the case concludes and permanent orders are entered. The purpose of temporary orders is to ensure that children’s immediate and ongoing needs are met and that neither household faces undue hardship during the legal process.
Rather than going to court and requesting temporary orders, many parents attempt to reach agreements outside of court on how they will handle parenting time, child support and other economic considerations during the pendency of their case. Working collaboratively in this way can save both time and money- reducing legal fees, court costs and appearances. Parents able to reach agreements on these matters outside of court also retain their ability to make the support decisions that work for them and are best for their family while avoiding the stress and expense of contentious court hearings.
In addition, choosing to cooperate in reaching an agreement at this early stage in a case not only streamlines the process but also sets the tone for future negotiations. The parties’ willingness to collaborate for the benefit of their children demonstrates to the court that both parents are focused on the child’s needs—not on winning for the sake of winning- and allows them to focus on stability and fair outcomes rather than being caught up in unnecessary legal disputes.
Permanent Orders: Long-Term Stability and Clarity
Permanent child support orders are entered at the end of the case after the parties have progressed through discovery, negotiation, mediation and/or court hearings. These orders clearly define each parent’s long-term financial responsibilities with respect to their children’s financial support.
Permanent orders create legally binding obligations and can only be modified under certain specific circumstances. In this way they provide a consistent structure—clarity about who pays what, when, and how, and a sense of stability for both parents and their children.
Modifications of Child Support Orders
In Colorado, either parent can request modification of a child support order if they believe circumstances have changed making the existing support order inappropriate or unfair.
Common reasons for requesting a modification include a significant change in income (pay raise, job loss or career change) for either parent, a change in the child’s financial needs, adjustments in parenting time, the relocation of one or both parents that affects the costs of travel or access associated with the parenting time allocation, or major changes in expenses such as increases in the costs of childcare or health insurance.
The party requesting the modification must demonstrate two things:
- That the change in circumstances is substantial; and
- That the change is continuing, not temporary.
Colorado law specifically defines what constitutes a “substantial” change in circumstances warranting the modification of a support order. To be considered “substantial”, the law requires that the changed circumstances result in at least a 10% difference between the child support obligation under the existing order and the new child support obligation calculated under the Colorado Child Support Guidelines after adjusting for the parties’ changed circumstances. This rule prevents frequent or minor modifications and ensures that only meaningful financial changes lead to modification of an existing order.
In addition to proving that the change in circumstances is substantial, the party seeking modification must also show that the change is “continuing,” and not short-term or temporary. For example, a temporary layoff or medical condition will not generally be grounds for modification of a support order unless the moving party can show a permanent and ongoing impact to their ability to pay. Similarly, a short-term or temporary increase in costs due to an extraordinary expense will not generally be sufficient to justify a permanent increase in support obligations.
Modifying a Child Support Order
The process for modifying a permanent child support order begins when one parent files a “Motion to Modify Child Support” with the court that issued the original support order. The parent requesting the modification carries the burden of proof that modification is warranted. The motion must include a detailed explanation of what has changed and include supporting documentation.
Once a motion for modification is filed with the court, the other parent must be served with the motion and allowed sufficient time to respond. If both parties agree to the modification, they can submit a joint stipulation for the court’s approval.
If the request for modification is contested, the court may require the parties to attend mediation in the hopes that they can reach an agreement without a formal court hearing. Prior to mediation, the parents will be asked to complete and exchange new sworn financial statements.
If mediation is unsuccessful and the parties are unable to reach an agreement, the matter will be set for a modification hearing. At the hearing, both parties can testify and present evidence supporting their positions, including proof of income, expenses, and parenting time. After reviewing the evidence before it, the court then determines whether modification is warranted and if so, what the new support amount will be. Once a modified support order is entered, the new order replaces the old one and governs the parties’ obligations going forward.
Importantly, under Colorado law, child support modifications are typically effective as of the date the motion for modification was filed, and not on the date the original support order was entered or the change in circumstances occurred. That means waiting to file a motion to modify could result in overpayment of support or the accumulation of expenses that will not be retroactively repaid.
Why Legal Representation Matters During Modification
Many parents assume that they if their income or child-related expenses have changed, they can simply notify the court and the court will automatically recalculate support and enter a modified order. In reality, hearings on modifications are often contested and evidence of changes in circumstances is frequently up to interpretation. It is not always clear:
- Whether a pay reduction was voluntary or unavoidable,
- Whether and how irregular or self-employment income should be averaged over time,
- Whether new parenting time allocations qualify as “substantial and continuing”, or
- Whether increased medical needs are temporary or ongoing.
If you need to request modification of your child support order, working with an attorney can help ensure that your motion is timely filed, clearly presented, and properly supported by documentary and other evidence. At Fisher & Associates, P.C., our child support attorneys bring both technical precision and practical experience to any motions for modification that we handle. We will evaluate your case, determine whether the changed circumstances at issue are likely to meet the legal definition of “substantial and continuing”, and help you present your motion clearly, accurately and with all available evidence supporting your position.
If instead you’re contesting a request for modification of a support order, we can evaluate the other parent’s motion, determine their likelihood of success, and counsel you on the best way forward.
Enforcement of Child Support Orders
Child support orders are legally binding and must be adhered to unless modified by the court or until the child reaches the age of maturity. When a parent fails to make child support payments, it can place a tremendous financial and emotional strain on the other parent and the child.
Colorado law provides parents with a number of mechanisms for the collection of court-ordered support and the enforcement of child support orders.
Methods of Collection and Enforcement
- Wage Garnishment
The most common method for ensuring that child support obligations are met is automatic income withholding (also known as “wage garnishment”). When wage garnishment is implemented, the paying parent’s employer deducts child support directly from that parent’s paycheck thereby eliminating the possibility of missed payments. - Interception of Tax Refunds or Other Funds
If the paying parent falls behind on child support, state and federal tax refunds may be intercepted and applied in whole or in part to missed payments. - License Suspension
When a paying parent falls significantly behind on child support payments, the state can suspend their driver’s license, professional license, or even recreational licenses until payments resume and a plan for paying back support is implemented. - Liens and Bank Account Seizures
Colorado courts can also place liens on the non-compliant parent’s real property or other assets, or freeze the funds in their bank accounts, until the past due balance is paid. - Contempt of Court
If a parent willfully refuses to comply with a court’s support order despite having the means to do so, courts can hold them in contempt of court. Resulting penalties might include fines, or in extreme or repeat cases, jail time.
Our Role in Enforcement Cases
At Fisher & Associates, P.C., we help clients across Colorado enforce child support orders. Our approach to enforcement is balanced and strategic and our main goal is always to restore stability and ensure that your child’s financial needs are met. We encourage resolution, not conflict, with the understanding that many cases can be resolved through clear communication and effective negotiation, without court filings and without escalating the dispute.
We help clients:
- Document missed payments, creating a clear accounting of what’s owed;
- File appropriate enforcement motions under Colorado law;
- Work with the state’s enforcement division if necessary;
- Pursue wage garnishment or liens when appropriate; and
- Negotiate structured payment plans when arrears have accumulated and lump sum payments are no longer feasible.
We also assist paying parents who are struggling to meet their child support obligations due to real hardship, such as job loss, reduced self-employment income, or disability. In those cases, the rational solution is often modification-not enforcement-and we help clients seek fair modifications before penalties accumulate and matters become contentious.
Other Common Child Support Challenges
Hidden or Irregular Income
Self-employed parents, independent contractors, or those who earn cash tips can have irregular and unpredictable incomes that are difficult to analyze and hard to measure. We can help you compile accurate earning data by analyzing tax returns, bank statements, and business records. When appropriate, we work together with forensic accountants to uncover a parent’s full financial picture so that we can present complete and accurate information to the court.
Disagreements About Childcare or Medical Expenses
Childcare and healthcare costs can change rapidly as children grow and markets change. We help clients update their records, verify expenses, and modify support orders when costs change significantly and support is no longer adequate.
Complex Parenting Time Schedules
When parenting time is adjusted, current child support obligations may no longer address your child’s needs. We help parents propose creative but fair solutions that address the changing custody arrangement and ensure that your children continue to have sufficient financial support.
Blended Family and Second-Order Conflicts
If a parent has children from more than one relationship, multiple support orders can be in place at the same time. We analyze how those obligations interact and overlap and ensure that the total support obligation falls within the state guidelines and is sustainable for the parent paying support.
Children With Special Needs
Raising a child with ongoing medical, developmental, or educational needs will nearly always warrant support beyond the support calculated using the schedule of basic support obligations in the Colorado Child Support Guidelines. We work with parents to document these extraordinary expenses ensuring the child’s care remains consistent and that both parents are contributing proportionally to meet the child’s extraordinary needs.
How Fisher & Associates Can Help
Whether you’re seeking support, responding to a request for payment, or trying to modify an existing order, our team knows how to navigate Colorado’s child support laws to protect your rights and ensure your child’s needs are fully met.
Our attorneys handle a wide range of child support matters, from straightforward cases to highly complex situations involving self-employed parents, hidden income, or disputes over childcare and medical expenses. If you’re the parent ordered to pay support and you’ve experienced a major change—like job loss, reduced income, or new family responsibilities, we can help you petition for a modification and make sure the court understands your current situation. If your former spouse has missed or delayed child support payments, our firm also assists with enforcement actions helping you recover the support your child needs.
We approach every case with the same philosophy: your children’s welfare is the priority. We listen, we prepare, and we fight for outcomes that bring stability and fairness to your life and your family. Our thorough understanding of Colorado law allows us to anticipate challenges and guide you through each step of the child support process—whether that means negotiating an agreement outside of court or advocating for you in front of the judge.
Child support cases can quickly become overwhelming, especially when emotions and finances collide. With Fisher & Associates, P.C. by your side, you don’t have to face the process alone. We’ll handle the legal and financial complexities so you can focus on what matters most—your child’s well-being. If you’re ready to get clarity about your rights and options, contact us today. Our team is here to help you take the next step with confidence.
Frequently Asked Questions
Why Choose Us?
Clients choose us because we combine heart with horsepower. We’re known for being approachable, responsive, and relentless in the courtroom.
Experience: Over 15 years of experience helping Colorado families.
Trust: A reputation built on competence, integrity and transparency.
Results: Proven success in both settlement negotiations and trial settings.
Support: Clear communication and steady guidance every step of the way.
We don’t measure success by case volume—we measure it by the families we’ve helped rebuild their lives.
You don’t have to face your family law issues alone. Whether you’re considering divorce, seeking custody, or dealing with financial or safety concerns, Fisher & Associates, P.C. is here to help.
We serve clients across Denver, Boulder, Arapahoe, Jefferson, Adams, Douglas, and surrounding Front Range counties. Our attorneys combine compassion with tenacity to deliver results that protect your future and your family’s well-being.
303-779-5300
At Fisher & Associates, P.C., we don’t just handle cases—we help families find strength, stability, and peace of mind.