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

When Does Child Support Begin and Temporary Child Support in Colorado Divorce

In this how-to episode of Divorce at Altitude, Ryan Kalamaya explains when child support begins in Colorado divorce cases and the intricacies of temporary child support. Using the example of Eric and Melanie Wolfe, who are filing for divorce but still living together, Ryan breaks down the key legal points regarding child support obligations and when they start to accrue.

Ryan walks through the legal framework provided in Colorado Revised Statutes § 14-10-115, which states that child support obligations begin on the later of two events: either the filing of the divorce petition or physical separation of the parties. In the scenario of Eric and Melanie, if they are still living together, neither would owe child support until they physically separate. However, once they separate or file for divorce, child support will begin to accrue, and the court may take any temporary payments or arrangements (like Eric paying the mortgage or giving Melanie money for groceries) into account when determining back support. The episode also explains the concept of temporary child support, which is determined during the divorce process and can be subject to change as circumstances evolve.

Episode Highlights

When Does Child Support Start?
Ryan explains how child support obligations in Colorado begin either upon the filing of a divorce petition or physical separation of the parties, and why these two key events determine when support starts to accrue.

Temporary Child Support
The episode dives into the concept of temporary child support, which is determined during the divorce process before a final court order is issued. Ryan explains how temporary arrangements can be adjusted based on changing circumstances.

Back Support and Temporary Payments
Ryan clarifies how temporary support arrangements or voluntary payments, such as paying the mortgage or groceries, may be considered by the court when determining back support.

Changes in Parenting Time and Income
As the divorce progresses, the parenting schedule and financial situations can change, which may affect the amount of temporary child support. Ryan explains how these changes can impact the final determination of support.

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. 

To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here.  If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at info@kalamaya.law.

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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. Thanks for listening or watching this short lesson on the Divorce Altitude podcast. If you found this helpful, please leave a review or share with a friend. It does help for others that are going through or thinking about a Divorce in Colorado. If you want to find out more information, Please visit Kalamaya Law or Divorce at Altittude dot com and that's K A L A M A Y A law. Remember, this is educational information, it's not intended to be legal advice. Please consult with an attorney about the particulars of your case. We're happy to answer questions. Feel free to give us a call at (970) 315-2365.