How will the court determine if I or my ex-spouse owe Child support?

Parents have an obligation to take care of their child’s needs. Thus, child support is the right of the child, not a right of the parent. Whether you pay child support during and/or after a divorce depends on how much parenting time you have and exercise. If you split parenting time essentially equally, both parents or neither may have to pay child support or some combination of the two. If there is a primary custodial parent, the other parent will likely have to pay child support. C.R.S. 14-10-115


It is important to note that whether a parent will have to pay child support is not something the court takes into consideration in determining how much parenting time is in the best interest of the child. Thus, if you are concerned about the paying child support or don’t want to pay, this is not an issue you can raise with the court. If you would like to discuss a current or potential child support obligation with our attorneys one would be happy to meet with you.

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