Q:
What is the importance of a family law action?
A: A family law action is very
important, and a successful resolution can affect you for the rest of
your life. Bloch & Chapleau, LLC offers a practical approach to
divorcing couples. We strive to accomplish the best possible result with
the least amount of negative impact on your children. While Bloch &
Chapleau, LLC represents both men and women, the firm’s emphasis is
representing men and fathers in family cases. The firm offers
representation in the areas of contested divorce, custody, child
support, modifications, maintenance, taxes, property and general family
law issues.
Q:
What is a modifcation?
A: Under Colorado law, it is
possible to modify child support, parental responsibilities, parenting
time, and on rare occasion; maintenance.
Q:
When is modification of child support warranted?
A: Child support modification may be
warranted in the following situations:
A change in primary residence of the
minor child or children;
An evaluation by Child Support
Enforcement wherein payment of arrearages may be added to your
current child support obligation;
A substantial and continuing change in
circumstances, of either or both parents, which results in a 10%
change (either up or down) in the child support amount. A
substantial and continuing change may come in the form of a parent’s
salary increase, a parent’s salary decrease, a parent’s employment
or unemployment. an increase or decrease in the number of overnights
each parent spends with the child or children
The emancipation of a child upon
reaching either the age of 19 or any other age as may be specified
in the parties’ Separation Agreement and Decree.
Q:
When is modification of parenting time warranted?
A: A parenting time modification is
based solely upon the best interests of the minor child. Parenting time
(or visitation as it used to be called) may be modified:
By agreement of the parties;
In the event that either parent
significantly changes his or her geographical location, thereby
causing the existing parenting plan to be ineffective or obsolete;
In the event the Court determines that
a child is in extreme physical or emotional danger in the hands of a
parent;
At any other time as the Court may
determine that a modification of parenting time would be in the best
interests of the child or children.
While the Court may take into consideration
the wishes of a child, there is not an age at which a child may choose
with whom he or she wants to live or spend the majority of time.
In this age of mobile families, there are sometimes situations in which
a decree or parenting plan was entered in a state in which no members of
the family still live. In those instances, application of the Uniform
Child Custody Jurisdiction Enforcement Act (“UCCJEA”) is required. Bloch
& Chapleau, LLC has successfully resolved many cases by application of
the UCCJEA.
Q:
When is a modification of parenting responsibilities warranted?
A: Like parenting time, parenting
responsibilities may be modified in the best interests of the minor
child or children. An allocation of parental responsibilities (or
custody as it used to be called) usually includes naming who will make
decisions for the minor child or children and with whom the children
will reside the majority of time.
Q:
At what age may a child tell the court where he wants to live?
A: In the state of Colorado, the
legislature has recognized the importance of keeping children out of the
middle of their parents’ disputes. In order to avoid forcing a child to
choose one parent over another, children are not allowed to decide for
themselves with whom they want to live.
Q:
At what age is a child emancipated and is it automatic for purposes of
child support?
A: The age of emancipation in
Colorado is 19 or until some other event occurs wherein a child is
completely self-supporting. However, if a Court-Ordered Decree of
Dissolution or Separation Agreement indicates an older age, the
court-ordered document determines the age of emancipation. Emancipation
is not automatic. A child support modification based upon emancipation
may be mutually agreed by the parties or must be court-ordered.
Q:
What is the standard for determining where a child lives and how much
parenting time he or she has with his or her parents?
A: Pursuant to Colorado Revised
Statutes §14-10-124, (1) “Best Interests of child. The general assembly
finds and declares that it is in the best interest of all parties to
encourage frequent and continuing contact between each parent and the
minor children of the marriage after the parents have separated or
dissolved their marriage. In order to effectuate this goal, the general
assembly urges parents to share the rights and responsibilities of child
rearing and to encourage the love, affection, and contact between the
children and the parents. (1.5) Allocation of parental responsibilities.
The court shall determine the allocation of parental responsibilities,
including parenting time and decision-making responsibilities, in
accordance with the best interests of the child giving paramount
consideration to the physical, mental, and emotional conditions and
needs of the child…”
