Colorado Child Support
How to Apply for Child Support in Colorado
The Child Support Services (CSS) branch of Colorado’s Department of Human Services is authorized to help parents establish paternity, create or modify child support orders and assist in the enforcement of these court orders. Anyone interested in applying for support in Colorado can complete an application for support services at their local CSS office or complete an electronic application online. There is a one-time, non-refundable $20 fee for submitting this form. Applicants need to provide personal identification, verification of each parent’s income, and the birth certificate and social security number of the child. Upon completion, each request will be reviewed by the CSS who will then either assist with establishing or enforcing the support order. Download Forms.
How Child Support is Calculated in Colorado?
Colorado utilizes specific guidelines when determining support amounts. Courts will examine each parent’s monthly gross income, custody arrangements and deviation factors to calculate an appropriate amount of basic support for the youngster.
How to Claim and Pay Child Support?
Payments are made through the Family Support Registry. Obligors will be given an FSR account number, and they have the option to make payments electronically, through automatic withdrawal, over the phone, by check, through the mail or by money gram. Payments are claimed either electronically or in check form.
Child Support Performance Stats for Colorado
In 2010, Colorado successfully collected and distributed over $317,113,681 in support payments. Colorado’s support enforcement program consistently outperforms other state’s programs, and it continues to show positive collection trends each year.
Statistics for Regular On-Time Payments Collection
Other Incentive Performance Measures
| Performance Measures | 2012 | 2013 | 2014 | 2015 | 2016 |
|---|---|---|---|---|---|
| Statewide Paternity Establishment (%) | 106.71 | 108.91 | 104.35 | 106.89 | 104.98 |
| IV-D Paternity Establishment (%) | N/A | N/A | N/A | N/A | N/A |
| Support Order Establishment (%) | 86.82 | 86.91 | 87.44 | 88.69 | 88.63 |
| Cost-Effectiveness ($) | 4.2 | 4.28 | 4.9 | 4.83 | 4.59 |
Total Number of Children in the Child Support Program
Total Distributed Collections and Total Administrative Expenditures ($ Millions)
| 2012 | 2013 | 2014 | 2015 | 2016 | |
|---|---|---|---|---|---|
| Total Distributed Collections ($) | 293.25 | 300.91 | 309.68 | 319 | 321.1 |
| Total Distributed to Families ($) | 276.54 | 284.98 | 293.16 | 302.52 | 305.66 |
| Total Administrative Expenditures ($) | 77.83 | 78.27 | 70.24 | 73.24 | 77.61 |
Average Collections per Case with Collections
Can child support be paid off early?
It’s not recommended that parents attempt to pay off support orders early in Colorado. Circumstances can change that affect future payments.
What Will happen if You fall Behind Child Support Payment?
- Withholding of federal taxes
- Withholding of unemployment or worker’s compensation benefits
- Suspension of Driver’s, recreational or professional licenses
- Denial of passport
- Reporting late payments to credit bureaus
- Liens against property or assets
- Wage garnishment
- Charges of contempt of court
- Charging interest on missed payments
Can you get alimony and support at the same time?
Former spouses are not given an automatic right to alimony. Colorado utilizes a specific formula to calculate both alimony and support payments. Custodial parents may receive both alimony and support at the same time when circumstances allow for it.
Can you stop the support payments?
You should never stop making payments on court-ordered support, or you may be subject to certain penalties. When payments become overdue after two years, the failure to pay become a criminal felony offense.
Child Support and Taxes
When parents can’t come to an agreement about who should claim the child as a dependent for federal tax purposes, the court will determine which party will have this right. Colorado courts believe that the dependency exemption should be claimed by the party who has a greater respective gross income irrespective of custody arrangements.
Can child support payments be claimed on taxes in Colorado?
In Colorado, the support payments are not tax deductible. They cannot be claimed on your taxes.
How does my child support affect my taxes in Colorado?
Support payments should not be included as a part of your total gross income when you are the receiving parent in Colorado.
Can child support be taken pre-tax?
The support payments are collected after income has already been taxed.
Can child support Take my federal tax return?
When you have overdue support payments totaling over $150, federal law requires that the federal tax return is intercepted and paid towards support. The only way to avoid the federal tax refund offset is to ensure you don’t have outstanding support debt.
Paternity Establishment
Establishing paternity is important because a child may legally be considered fatherless when unmarried couples have a child. The state of Colorado strongly believes that everyone who brings a child into the world needs to accept their emotional, legal, and financial responsibilities as a parent. All involved parties including the mother, father, and child benefit from legally establishing paternity.
How do you establish paternity?
When a couple is married, the husband is automatically assumed to be the father. Parents may voluntarily acknowledge paternity through specific forms that establish legal parental rights. Otherwise, a courtroom may need to order a petition to establish paternity. DNA tests may be used to confirm paternity.
What rights does a father have if not on a birth certificate?
When a father is not on the birth certificate and the parents are unmarried, the child legally has no father. The father will have no parental rights until paternity is legally established.
Can a mother refuse me a paternity test?
A mother may try to block you from seeking a paternity request, but a court-ordered paternity test cannot be denied by the mother.
How to establish paternity if the father is deceased?
If the father has perished before the child is born and he never completed a voluntary acknowledgment of paternity, then his name won’t appear on the birth certificate. It is possible to seek a court-ordered paternity test for the father’s family members to legally establish the child’s father.
Can a father get a paternity test without the mother?
If the paternity test is court-ordered, then the mother’s consent is not necessary. She will be required to oblige to the court order.
How long does a father have to establish paternity in Colorado?
An acknowledgment or affidavit of paternity (AOP) can be signed at the hospital within 72 hours of the child's birth, or at the local health department. Both the mother and the father must sign the affidavit. Within 60 days of the signing of the affidavit, however, anyone who is entitled to file a paternity case can file a case and ask for genetic testing.
Support Order Establishment
Establishing support orders through the courts is crucial because the state can enforce these orders with collection remedies when parents are neglecting their responsibility to financially provide for their child. Without a legal order, the state has no basis for requiring a person to financially support a dependent.
State Child Support Orders
Colorado’s child support orders are established and enforced through the state’s Child Support Services. These orders must be adhered to or the person defaulting will be subject to various fines or punishments. Support orders naturally terminate when the child reaches 19 years old and has graduated from high school.
Can child support be modified?
Yes, either parent may request a modification on the support order.
Support modification requests will be reviewed when one parent has experienced a significant change in income, the costs of raising the child have substantially changed or when the number of overnight visits between the non-custodial parent and the child has changed. Requests for review can also be made when it has been three years since your last review.
How do I file for a modification of child support?
A written and a signed request must be submitted to your county’s Child Support Enforcement office. Applicants must submit their incomes and documentation that verifies their claims. They must also give a reason why they are asking for a modification. The reviewing and changing process can take up to six months.
Can a support order appeal?
Typically, a support order cannot be appealed.
Do you need a lawyer to modify the support?
A lawyer is not necessary when requesting a support modification, but a legal attorney can assist you in ensuring you submit all the necessary documents and information to prevent your requests from being immediately declined.
Child Support Enforcement
How long does the child support enforcement take?
The time it takes for support enforcement to occur varies depending on the circumstances of the case.
What to do when the support is not paid?
When you aren’t receiving payments, you’ll need to petition the court to begin initiating enforcement measures against the non-paying parent.
What Happens if I’m not paying Child support?
Punitive actions against non-payment obligor parents may include but are not limited to wage garnishment, drivers’ license revocation, and criminal charges.
How much overdue child support payment can be considered a felony?
When payments have been delinquent for a period exceeding two years, you could be charged with a felony.
Can the support debt be forgiven?
Unlike other debts, support debt is rarely forgiven even in bankruptcy situations.
Support Order Termination
How do I stop a child support order?
You may file a modification request with the court under certain circumstances.
When Can I Apply for Child Support Termination?
The legal age of the majority in Colorado is 19 years old.
Can the custodial parent close a support case?
Yes. Cases will be closed after the obligation ends and the parent has paid all outstanding support orders or when the parent who applied for the services requests the case to be closed.
When Can I Stop Paying Child Support?
Support must be paid until the child reaches this age, and support orders can only be terminated when a parent wishes to completely terminate their parental rights.
19 is the age of majority in Colorado.
Colorado hearing rights
Mothers, potential fathers and children are all guaranteed the right to a hearing when paternity is not established in Colorado.
CO Child Support Guidelines
Colorado courts follow strict guidelines when calculating support amounts. They calculate the gross income of each parent, determine an amount based on 20 percent of the combined gross income of both parents, and then split this amount between each party.
Colorado Child Support Coverage
What is child support meant to cover?
Support is designed to cover expenses associated with raising a child. It is designed to cover basic needs like food, clothing, shelter, education, entertainment, childcare, and medical expenses under Colorado Child Support laws.
Does Child Support Cover Medical Care Expenses?
In Colorado, parents are expected to share the costs of medical insurance and uninsured medical expenses. These expected expenses are included when creating support orders.
What if Both Parents are working, will Child Support Cover child care services?
Yes, childcare expenses are expected to be shared fairly between both parents in Colorado. These services are often examined when calculating the overall amount of support for the child.
Are Car Maintenance Costs Covered by Child Support?
Colorado courts understand that transportation costs account for about one-fifth of all total family expenses, so they do recognize the importance of including this amount in support orders.
What is Considered Basic Entertainment for Child Support?
The costs of basic entertainment for children is included in support orders. Basic entertainment includes activities like trips to museums, access to the internet, computers or iPads, access to cable television programs and movie tickets.
Are School and College expenses Covered by Child Support in Colorado?
Any order that became effective after July 1, 1997, in Colorado does not include a requirement to pay for college expenses unless the parents have a legally binding and written agreement to split these costs. Orders predating this may require college expenses to be paid through support until the child reaches 21.
Educational expenses are covered by child support orders.
Are Extracurricular Activities covered by Support?
Extracurricular activities are not specifically included in child support orders, so parents may choose to include special arrangements for these costs in their support orders.
Colorado Child Support Offices
| Institution name | Physical address | Email address | Phone number | Website |
|---|---|---|---|---|
| Denver Child Support Services | 1200 Federal Blvd, Denver, CO | ChildSupportServices@denvergov.org. | 720-944-2960 | https://childsupport.state.co.us |
| Division of Child Support Services, Department of Human Services | 1575 Sherman St., 5th floor Denver, Colorado | N/A | (303) 866-4300 |
County Child Support Offices in CO
| County name | Institution name | Physical address | Email address | Phone number | Website |
|---|---|---|---|---|---|
| Adams County | Adams County, CO Child Support Services | 11860 Pecos St., Suite 2600, Westminster, CO 80234 | velta.straube@adcogov.org | 1(720) 523-2600 | https://childsupport.state.co.us/siteuser/do/SearchForCountyOffice?countyName=Adams&Submit=Go |
| Alamosa County | Alamosa County, CO Child Support Services | 8900 Independence Way, Bldg C., Alamosa, CO 81101 | Jeff.Bonadies@state.co.us | 1(719) 589-2581 | https://childsupport.state.co.us/siteuser/do/SearchForCountyOffice?countyName=Alamosa&Submit=Go |
| Arapahoe County | Arapahoe County, CO Child Support Services | 14980 E Alameda Drive, Suite 38, Aurora, CO 80012 | childsupport@arapahoegov.com | 1(303) 752-8900 | https://childsupport.state.co.us/siteuser/do/SearchForCountyOffice?countyName=Arapahoe&Submit=Go |