In Colorado, the basic principle when it comes to the support of children in a marriage is simple: Both parents are expected to pay for their child’s welfare and care according to the income they provide and the time they spend with the child. If one parent spends less than 50% of the time with the children, or earns significantly more than the other parent, they will be expected to pay support in order to equalize the burden.
One mistake many people make when separating is failing to get a court order determining the support order. In an effort to keep the divorce friendly or non-combative, they make an informal agreement that spells out the support division. This may work while circumstances remain constant, but when one parent’s financial situation changes and they stop making support payments, or alter the payment structure unilaterally, you will wish you had contacted a divorce attorney in Greeley, CO to help you set up a court order governing the support payments.
Only an Order
This is because only a court order can be enforced. A private agreement between you and your spouse, even if it’s in writing, cannot be enforced automatically. You may be able to litigate on that basis, but if you have a court order on hand, you can easily ask the court to issue further order, judgments, and even other punitive actions to force your former spouse to live up to their agreements. In all of these cases it will also be beneficial to have the assistance of an experienced attorney.
Keeping things friendly and simple is a laudable goal in a divorce. However, the extra step of getting an official court order behind your support plan will save you trouble later.