Tuesday 29 September 2020
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What Fathers need to know about Child Support

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Fathers have the obligation to financially and emotionally support their children and the right to spend time with them. Most fathers in Colorado do not know the basics of child support as regards what is within their rights and what could land them in trouble.

In Denver, child visitation rights and child support do not necessarily go hand in hand. Missing a couple child support payments, albeit inadvisable, does not necessarily strip the father of their right to meet their child on the weekends they are supposed to have them. This is, of course, if you are not the custodial parent.

If you are the custodial parent, neither the state nor you can waive the child support obligation as payments are made on behalf of the child. State laws only determine if there is any child support you may be entitled to and how much the custodial parent is supposed to receive to take care of the child.

Calculation of child support

The parents’ incomes make for the main factor taken into consideration when determining how much the father will be paying in child support. Current child support payments can only be adjusted by the state in alignment with changes in circumstances. Colorado also offers debt compromise programs to parents who may still owe past child support payments. It should be noted, however, that filing for bankruptcy cannot be used to discharge child support judgments.

Colorado takes child support seriously and debts can carry harsh lifetime consequences. If you miss 12 months of child support in a row, you could be at risk of even losing the very basic right of being called the father of the child. This is usually if and when the obligee gets remarried and their new partner asks to adopt the child. Missing even a single payment has its consequences too, which we will discuss in depth below.

Consequences of not paying child support in Colorado

When a father fails to pay their child support, contempt of court is the enforcement technique they are likeliest to face. Penalties can include a jail sentence of up to 180 days, a fine, or both. These consequences are referred to as punitive sanctions and are given to punish noncompliance. You can also be hit with remedial sanctions which may oblige you to pay lawyer fees as well. Note that remedial contempt may also carry the possibility of jail if you are found to violate child support while having the financial ability to pay.

Punitive contempt charges serve to prevent future acts of contempt from the obligor by imposing harsher punishments on them. Punitive sanctions must be accompanied with proof that you violated a child support order and that there was intent to offend the dignity of the court in your actions. Charges of contempt carry a jail sentence of up to 180 days each, though sentences can be more severe for habitual deadbeat parents. The best thing to do when faced with this kind of consequences is to meet your child support obligation.