1. Can we waive it? Answer: probably not. When it comes to kids, the court is gatekeeper. A judge has a duty, once a child support case is brought to it, to make sure the children are financially well cared for. While they will often allow parties to veer outside of the child support guidelines for good cause, they won't usually allow the parties to veer far outside those guidelines, and they can't make a child support order indefinite. Child support can always be modified.

2. What do I do if my ex quit their job to lower child support? Answer: impute it. Some folks figure out that child support is based on income, so they quit their job, thinking they're being savvy. The law is prepared for this scheme. This is why judges are allowed to impute income to people who are found to be voluntarily unemployed or underemployed. This means they could potentially be stuck not only paying child support at the rate they would have before quitting, but now they don't have the income to support themselves through that order. The practice of quitting a job on purpose harms not only the children but the paying parent as well. 

3. What are the common variables that affect child support? Answer: the number of children, each party's gross monthly income, the number of overnights each party has with the children, the children's portion of health care premiums, and work- or education-related child care costs are the most common variables that affect child support. Some others that are rare but do come up from time to time are significant and ongoing out-of-pocket medical costs for the children, significant and ongoing travel expenses for the children, and children's income.

4. What counts as gross monthly income? Answer: income for child support purposes is defined pretty broadly. It can include salaries, wages, commissions, bonuses, dividends, severance pay, self-employment profits and payments, retirement pay, trust income, Social Security, disability, unemployment, worker's compensation, monetary gifts, major expense reimbursements, and even some insurance payouts. Overtime is also included if it is mandatory. For a full list and review of what counts and what doesn't, review Colorado Revised Statutes 14-10-115 and scroll down to section (5).

5. How do I find out how much my ex makes in income? Answer: in a new divorce or custody case, the parties have to exchange financial disclosures. And even after that, the parents have a right to ask each other for financial disclosures at least once per year. What all do you have a right to ask for and what all do you have a duty to hand over?  There's a long list. Taxes and paystubs are a good place to start. For the full list, check out Rule 16.2 of the Colorado Rules of Civil Procedure, and scroll down to section (d).

When you’re grieving a family loss, dealing with a life-altering medical diagnosis, or working through any other significant change in your family dynamics, navigating the legal system can be overwhelming. We are here to help. Contact Greeley’s premium Probate and Family Law Attorneys at Gant Law.