Getting Started with Child Support: Understanding Temporary Arrangements | Episode 209

In this practical episode of Divorce at Altitude, Ryan dives into the complexities of child support initiation and temporary child support measures during a divorce. Join us as we navigate through the legal landscape with the hypothetical scenario of Eric and Melanie Wolfe, illustrating key aspects of child support under Colorado law.

Key Highlights of the Episode:
- Onset of Child Support Obligations: Learn about the specific conditions under which child support obligations begin, highlighting the importance of filing for divorce or legal separation, and the implications of physical separation on these obligations.
- Impact of Living Arrangements: Explore how cohabitating during the divorce process influences child support, providing a clear explanation of legal statutes that govern these scenarios.
- Temporary Child Support: Gain insights into how temporary child support is calculated and adjusted based on changes in parenting arrangements and financial circumstances throughout the divorce proceedings.

Discussion Points:
- Factors Affecting Child Support: Understand how courts consider various elements like each parent's income, the parenting time arrangement, and interim financial contributions toward child expenses.
- Legal Strategies and Disputes: Learn about the strategies involved in negotiating temporary child support and how disputes might affect the outcome.

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Thank you for tuning in to Divorce at Altitude. Whether you're contemplating navigating the waters of divorce or already in the midst of one, understanding the nuances of child support is crucial for making informed decisions that protect your and your children's interests.

What is Divorce at Altitude?

Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado.

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DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

Transcript

Ryan Kalamaya: 0:00

This is a how to episode on when child support begins and temporary child support. Now, let's suppose that Eric and Melanie Wolfe file for a divorce but they're not yet separated physically separated. They're living in the same house and the bills are being paid and they have children. What happens in that scenario for child support? There's an interesting feature of 14. 10. 1. 15, which is the statute on child support. And it says that child support starts, the obligation begins upon the later of the filing of a petition for divorce or dissolution of marriage and or legal separation or physical separation of the parties. And so in that scenario neither Eric nor Melanie Wolfe are going to owe the other child support until they physically separate. Now, the counter is also true, and that is that if Eric and Melanie Wolfe if they physically separate, let's say they go through a trial separation Eric moves out, gets an apartment somewhere in Denver, and they have children and they are equally dividing or it doesn't really actually matter what their parenting arrangement is. Child support does not actually start until they file. And once they file or once Eric moves out then child support is going to begin to accrue and a party can either. a particular amount of child support. So if Eric is paying Melanie or paying the mortgage and giving her some money or access to the bank account so that she can pay for groceries and other things for the children, the court can take that into consideration in determining back support, but if Eric. It takes a different approach, a much more aggressive approach and just says, I'm not paying you everything, anything. We're going through a divorce and we're going to separate our finances. You're, on your own and there's a disparity between their incomes and, or there's a disparity between the amount of time that they're spending with the kids, then. Back support can start accruing. And so it's going to start upon that date when they either physically separated or the petition was filed. Now, you can get into various arguments between Eric and Melanie Wolfe on how much Eric should pay. But Temporary child support is going to be provided through the duration of the divorce and or the action that is going to take place between Eric and Melanie. You'll take into consideration the amount of maintenance as we've discussed. Addressed in other episodes, you've you determine a party's income after the property that they're allocated in the dissolution is, split up, but you can't obviously do that in the temporary situation. There can be arguments. A party can file a motion for temporary orders or there can be a temporary agreement and that agreement on the amount of support can be different compared to what ultimately is ordered after the court. Eric and Melanie could change their parenting schedule. Eric could get more parenting time through the pendency of the divorce. So at the hearing, let's say a year later the situation could be drastically different. Melanie could be working by then and Eric could have the children more than he did when they first separated. So those. Various factors can be taken into consideration in determining temporary child support, but for now you should understand when it accrues and the various issues that are going to go into the determination of temporary child support.