April 12, 2022
Zweig Law, PC is run by a dynamic duo of prestigious, highly decorated family lawyers in Colorado. Maryjo Zweig has been a practicing trial lawyer for more than a quarter of a century. She’s litigated cases at the state and federal level. Steven Zweig has practiced in law for almost thirty years and doesn’t plan to stop anytime soon. Whenever you’re choosing a family lawyer to represent you, you’ll want lawyers who are seasoned and reputable. We offer a free case review in less than 24 hours. That’s how important your circumstance is to us. You may fill out an intake form here or call us at 970-986-6460.
Who Pays Child Support?
In Colorado, the non-custodial parent pays child support. Contrary to popular belief, more courts are awarding fathers primary or sole custody these days, so it’s sometimes the mother who must pay child support to the father. How is the child support amount decided? Take 20% the combined gross income of you and your ex-spouse. That’s what a court will have you pay in financial aid each month. After the 20% for the first child, an additional 10% of your combined gross income is added for each additional child. Thus, if your ex has primary custody of your three children, you’ll pay 40% of your combined gross income each month.
Bear in mind that this amount can change depending on whether any of your children have special needs or other factors apply.
Can My Ex-Spouse And I Agree To Waive Child Support?
When spouses divorce in Colorado, it becomes automatic and mandatory that one spouse pays child support. Child support has been mandatory for divorcing parents for decades because courts feared that the non-custodial parent would forgo all financial responsibility. Unfortunately, there are several reasons why the non-custodial parent doesn’t want or refuses to pay child support, such as spite or never having wanted the divorce in the first place. Sometimes, the thought process is that you two may reunite if you make the separation difficult.
But not all lack of child support payments stems from malicious reasons. Sometimes, neither parent believes child support is necessary. For example, if both of you are gainfully employed and you both agree that each of you can be trusted to be active parents in all aspects, you may find child support to be burdensome. After all, even very involved parents can find the amount they pay in monthly financial aid to be taxing. Thus, you and your ex may agree that neither of you will ask for child support during the divorce. Will the judge go for it?
No. As previously stated, child support is automatic and mandatory whenever a couple divorces. If you two had never married, however, child support would only be activated once one parent files for it. Child support is the right of children, not their parents. Because it is a right and not a privilege, you and your ex-spouse cannot agree to waive this right of your offspring.