What is order establishment?

Once the non-custodial parent has been located, a child support specialist will attempt to establish an order for child and medical support. In most cases in Colorado, establishment is conducted through an administrative process by the delegate child support enforcement unit, rather than by going to court. In some cases, parties will be required to go to court to establish a support order. In the administrative process, the child support caseworker will schedule a negotiation conference with the non-custodial parent to establish the amount of the child support order. Income and expense information from the non-custodial parent will be required at the negotiation conference. The custodial parent usually provides income and expense information at the initial interview. The amount of the child support order will be set according to Colorado's Child Support Guidelines.

What happens at negotiation conferences?

At the negotiation conference, the child support specialist will attempt to administratively establish current support, retroactive support (if appropriate), and medical support. If the non-custodial parent does not attend the negotiation conference, or is not willing to enter an agreement, child support will still be ordered. The specialist will issue a temporary order establishing child support and will request a court hearing to resolve the matter. The best way to ensure a fair child support order is for the non-custodial parent to be present at the negotiation conference and, if necessary, the court hearing.

How long will it take to get a child support order?

The administrative process to establish an order must begin within 15 days of locating the non-custodial parent. An order will normally be established within 90 days from the date the non-custodial parent is located, if there are no problems with service of process. If the non-custodial parent lives out of state, establishment of a child support order may take up to 12 months.

What are child support guidelines?

Guidelines use a formula to help determine the amount of child support to be paid by the non-custodial parent. The guidelines make sure that child support order amounts are established fairly. The law that governs child support guidelines in Colorado is C.R.S 14-10-115.

Child support guidelines in Colorado consider the following when calculating child support amounts:

• the parents' combined adjusted gross income estimated to have been allocated to the child if the parents were living in an intact household
• the needs of the child for extraordinary medical expenses and work-related child care costs and
• physical custody arrangements

If you would like a copy of C.R.S. 14-10-115, click here.

If you would like to order a packet that talks about C.R.S. 14-10-115 and includes instructions and a sample worksheet, click here.

What about medical coverage?

The payment of a premium to provide health insurance coverage on behalf of the children subject to the order may be added to the basic child support obligation and divided between the parents in proportion to their adjusted gross income.

What information do I need?

To determine the amount of the child support order, the Establishment Specialist will need to know:

• The social security numbers, names, and birth dates of both parents and children
• The address and telephone numbers of both parents
• Employer information for both parents
• Current and past income and expense information for both parents
• Extraordinary medical expenses and work-related child care costs
• Visitation and shared custody arrangements
• Information about the parents' health insurance plans and their costs

How do I pay my child support order?

In Colorado, all child support orders initiated by a delegate child support enforcement unit are required to be processed through a central payment registry called the Family Support Registry. Non-custodial parents may be ordered to send payments directly to the Family Support Registry, or the child support caseworker will generate an income assignment requesting your employer to withhold money from your wages and send it to the Registry for payment of child support. Federal law requires that money from your paycheck be deducted to pay your child support, just like taxes. Child support payments are received and disbursed to custodial parents by the Family Support Registry, which also maintains a record of all payments made and disbursed.

It is the non-custodial parent's responsibility to pay the full amount of the child support order on time, every time. If the non-custodial parent fails to make a full payment, a record of the missed payment will be kept. The obligation to pay child support does not go away when you do not make a payment. By law, child support obligations take priority over mortgage payments, car loans, credit card debt, household bills, and discretionary items such as cigarettes and alcohol.

How do I get child support services?

If either parent fails to support the child, child support services are available through the local child support enforcement office in each county in Colorado. Parents who are not receiving public assistance will be required to pay a $20 application fee. Parents can also choose to represent themselves or hire a private attorney to provide child support services. Child support services include locating either of the child's parents, establishing paternity, obtaining a support order, and collecting child support payments. Click here if you would like an application for child support services.

What are some other resources that can help?

Colorado Judicial Branch, Child Support Sample Worksheets:
www.courts.state.co.us/chs/court/forms/domestic/childsupportguidelines.htm

C.R.S. 14-10-115 Colorado Child Support Guidelines: www.divorcenet.com/co/1410115.html