S.F.E., In Interest of T.I.E., 981 P.2d 642 (Colo. App. 1998)

        CRS 19-4-116(3) has been interpreted as a grant of broad authority that includes ordering a name change if it is in the child's best interests. D.K.W. v. J.L.B., 807 P.2d 1222 (Colo. App. 1990).

        In considering a request for a name change, the court should consider the length of time the child has used the surname, the potential impact of the requested name change on the child's relationship with each parent, the child's preference, and any misconduct by a parent which would justify a name change. D.K.W. v. J.L.B., supra (following Hamman v. County Court, 753 P.2d 743 (Colo. 1988) and In re Marriage of Nguyen, 684 P.2d 258 (Colo. App. 1983), cert. denied, 469 U.S. 1108, 105 S.Ct. 785, 83 L.Ed.2d 779 (1985), both of which were decided under other statutory provisions and common law).

        In addition, the court in a paternity action must also consider the motivation of the parties, the identification of the child as part of a family unit, the embarrassment, discomfort, or inconvenience that may result if the child's surname differs from that of the custodial parent, and the possibility that a different name may cause insecurity or lack of identity. Whether a requested name change is in the best interests of a minor child is a factual determination for the trial court. D.K.W. v. J.L.B., supra.

        Up to 93 overnights, no support deduction is made for the obligation of the residential parent's child support obligation to the other parent. This computation is labeled Worksheet A - Child Support Obligation.

        Commencing at 93 overnights with the other parent, deduction is made for the obligation of the residential parent's child support obligation to the other parent.  This guideline computation is labeled Worksheet B - Child support Obligation - Shared Time. Depending on the actual contribution circumstances, even with 93 or more overnights, the court may use Worksheet A.

        If the parties have multiple children and one or more primarily reside with one parent while one or more children primarily reside with the other parent, two child support guidelines are calculated for the child(ren) with each respective parent, then set off to determine the net support owed by one parent to the other.

        Child support guideline computation worksheet labels do not affect the decision making process or scheduled overnights; they are merely mathematical computations.

        When computing the amount of child support, after born children not children of both parties will not be taken into consideration.  In later modifications, that means if either party has children born of a another relation subsequent to the child who is the subject of the support proceeding, no consideration will be given to the expense of raising or supporting those children, whether born in lawful wedlock or not.  CRS 14-10-115(7)(d.5)(1)

        Receipt of public assistance benefits must be reported at the time of filing the petition.  CRS 14-10-107.7  If public assistance is being received at present, it is important to obtain a support order as quickly as possible to limit potential liability of the obligor spouse.  If welfare has been received for a child, notice must be given to and it is likely the local governmental Child Support Enforcement Unit (CSE) will enter as a party in the case seeking reimbursement for current or past welfare expenditures.

        It is illegal to agree the "non-custodial" parent will not see the children in return for no payment of support. Do not attempt to pass this type of agreement by the court.

        Contest may arise regarding issues such as reasonableness of daycare, unemployment or underemployment and imputed income, tax exemption, health insurance and on-going medical deductible or non-covered expenses.  Medical expenses can include cosmetic orthodontia, medically necessary orthodontia, eye-care, dental treatment, and any uninsured single or chronic health problem.  Significant amounts of money can be involved.

        Current child support may be enforced by income assignment.  With this remedy, the obligor's employer deducts child support or spousal maintenance from the obligor's paycheck each payday and sends direct to the District Court Registry Fund or or the statewide Family Support Registry.  This assures current payment so long as the obligor remains employed.  If one party requests an income assignment, it must be automatically granted pursuant to statute.  CRS14-14-111.5(2)(f)  The fund utilized depends upon the type of support (child support or spousal maintenance) and whether support is ordered in a divorce case or paternity case.

Health, Hospitalization and Medical Insurance  

        Insurance Required. In child support orders issued pursuant to the divorce child support statute (CRS 14-10-115) the court is required to provide for the child(ren)'s current and future medical needs by ordering either parent or both parents to initiate medical or medical and dental insurance coverage for the child or children through currently effective medical or medical and dental insurance policies held by the parent or parents, purchase medical or medical and dental insurance for the child or children, or provide the child or children with current and future medical needs through some other manner. At the same time, the court is required to order payment of medical insurance or medical and dental insurance deductibles and co-payments. Payment of a premium to provide health insurance coverage on behalf of the children subject to the order is to be added to the basic child support obligation and shall be divided between the parents in proportion to their adjusted gross income.

        Insurance Cost Excessive - Requirement Abated.  Where the application of the premium payment on the child support guidelines results in a child support order of fifty dollars or less or the premium payment is twenty percent or more of the parent's gross income, the court or delegate child support enforcement unit may elect not to require the parent to include the child or children on an existing policy or to purchase insurance.  The parent shall, however, be required to provide insurance when it does become available at a reasonable cost.

        Insurance Assignment.  
        CRS 14-14-112 requires that in all orders which direct the obligor to provide health insurance for any child, the court shall include a provision directing the obligor's employer to enroll such child in the health insurance plan and to deduct from the wages due the obligor an amount sufficient to provide for premiums for health insurance when such insurance is offered by the employer. 
        19-4-116(5) imbues the court in a paternity action with the authority to require a party to purchase or maintain a medical insurance policy to provide for the current and future medical needs of the child.  S.F.E., In Interest of T.I.E., 981 P.2d 642, 647 (Colo. App. 1998).  Similar to child support, where a party has been ordered to provide health insurance, assignment may similarly be entered.  CRS14-14-112(1).  However, if insurance is ordered the statute makes health insurance assignment mandatory.

Expenses of Confinement - Pregnancy * Pre-Natal Care * Birth
and
Medical Expenses Between Birth and Lawsuit

        Expenses of confinement, pre-natal care and birth, and uninsured medical or health care expenses subsequent to birth but prior to legal proceedings may also become contested issues.  Medical expenses can include cosmetic orthodontia, medically necessary orthodontia, eye-care, dental treatment, and any uninsured single or chronic health problem.  Significant amounts of money can again be involved.

        Regarding expenses of confinement, the major obstacle is not the law, but producing evidence of expense.

        Authority for recovery of the medical expenses associated with the pregnancy previously incurred by the mother is found in CRS 19-6-116(3), and jurisdiction rests exclusively under the Uniform Parentage Act.  In Re Custody of Garcia, 695 P.2d 774 (Colo. App. 1984).

        Under CRS 19-4-116, the trial court may order the father to pay the reasonable expenses of the mother's "pregnancy and confinement."  S.F.E., In Interest of T.I.E., 981 P.2d 642, 647 (Colo. App. 1998).  Where the trial court apportioned these expenses between the parties according to their respective gross incomes under CRS 19-4-116, the court of Appeals found no error.

        Copies of canceled checks and former medical billing statements are good evidence.  If the person seeking reimbursement did not keep good records, duplicate accounting statements can be requested from medical providers.  For any exotic or questionable medical procedure, it may be necessary to produce expert testimony as the reasonableness of treatment.

        The law with respect to other prior health care expense issues is more complicated.

Relation Back - Retroactive Child Support

        Child support may relate back to the date of the child's birth or any time subsequent thereto - this is called retroactive child support or relation back.  Issues can be highly contested regarding whether the court enters an order for support during a period of time prior to the order, what period is covered, how much periodic support is ordered and terms of repayment.  Once a support order is entered, each installment becomes a judgment the day it becomes due.  The court may not later modify the amount of support or deny the obligee any lawful remedy.

        Child support can be efficiently enforced. Refer to the Support Enforcement page of my primary website for additional information regarding income assignment for current and arrearage child support - back support, garnishment of income or bank accounts and enforcement by contempt of court (jail). 

        The Department of Human Services through the local governmental Child Support Enforcement Unit (CSE) will seek reimbursement of the full amount of public assistance, but is limited to the amount of any court support order.  CRS 19-4-118   If welfare benefits are currently being received, the obligor (person paying support) should seek temporary support orders as soon as possible to limit the amount of liability.

Deviation from Child Support Amount Presumed Reasonable
Pursuant to Guideline Computations

        The trial court may deviate from presumed amount of support in CRS 14-10-115 according to the criteria in subsection (6) so long as it enters findings that allow an appellate court and the parties to discern the reasons for the deviation. In Interest of D.R.V., 885 P.2d 351 (Colo. App. 1994).  If the record ( paternity case) reflects the trial court considered the relevant factors for determination of support, CRS 14-10-115, (divorce statute) there is no abuse of discretion.  Garcia, supra, In re Marriage of Krise, 660 P.2d 920 (Colo. App. 1983).

Statutory Interest

        Statutory interest on child support is 12% per annum from the date each installment was due. CRS 14-14-106, CRS 5-12-101.  Once an order has entered, obligee (person receiving child support) has a right to statutory interest. If an obligor defaults on a child support installment after entry of order, obligee is entitled to statutory interest.  If the court relates back in an order and , at issue may be whether the obligee is entitled to statutory interest at 12% per annum on retroactive support arrearages.

Tax Considerations and Exemptions

        Child support is not taxable income or deductible.
        The court may allocate daycare federal tax credit.
        The court may allocate the federal income tax dependency exemption, and further may order each parent to execute necessary forms declaring that either such parent will not claim the children as dependents.  CRS 14-10-115(14.5) - guidelines (divorce), and CRS 19-4-129 (paternity) require the court, unless otherwise agreed by the parties, to allocate the right to claim dependent children for income tax purposes between the parties in proportion to their contributions to the costs of raising the children.

        The court previously decided legal custody (decision making), physical child custody (where a child lived) and visitation ( the schedule upon which the non-custodial parent was entitled to see a child) based upon the best interest of the children. In effort to eliminate the idea that children are items to be awarded in a divorce, terminology has changed. Custody and visitation no longer exist in Colorado except as is required for tax exemptions.  CRS 14-10-131.7

        Regarding allocation of parental responsibility and parenting time, the court may enter temporary issues pursuant to CRS 19-4-111 and permanent orders pursuant to CRS 19-4-116.  Determination is to be made in accordance with the criteria set forth in the Uniform Dissolution of Marriage Act.

Allocation of parental responsibilities  CRS 14-10-124   fka Custody

        Decision making for children remains an issue for the court to rule upon.  That is now called allocation of parental responsibilities.  The court addresses day to day decision making, as well as major decisions such as religion, medical care, education and general welfare issue which affect a child.

        Major decision making may be ordered jointly, or by the parent with whom the child primarily resides.  Provision is also made for future dispute resolution, such as submission to mediation, arbitration, or request for the court to review the disputes.  The court may order joint decision making without agreement of the parties, even over each parties' objection.

Parenting time  CRS 14-10-124   fka Visitation

        Parenting time encompasses court rulings regarding the children's primary residence and upon what schedule the other parent will have the children physically present with him or her.  The court continues to use the best interest of the child as the polestar.  CRS 14-10-123.4

        More emphasis is now placed on each parent assisting with children's obligations, such as homework, taking the children to activities, etc.  If possible, children should have liberal access to each parent - children have a right to know and love each parent.  Under limited circumstances, parenting time may be restricted or denied by the court if in a child's best interest.

        The court will consider denial of or failure to exercise parenting time in ruling upon decision making, primary physical residence and parenting time.

Parenting time enforcement.  CRS 14-10.5-104  The court may utilize:
        Mediation - both voluntary or mandatory
        Family counseling
        Parental education
        Development of parenting plans, including monitored parenting time, supervised parenting time, or neutral drop-off and pickup locations
        Court ordered parenting time guidelines
        Alternative arrangements with respect to parental responsibilities

Access to records.  
        CRS 14-10-123.8  Access to information pertaining to a minor child, including but not limited to medical, dental, and school records, shall not be denied to any party allocated parental responsibilities, unless otherwise ordered by the court for good cause shown.

"Custody battle" with significant other or extended family member.  
        If you are a caretaking parent, be aware of the possibility of a "custody fight" if you:
                permit your boyfriend or girlfriend to cohabitate for 6 months or longer
                place your child(ren) with family a family member or close friend for 6 months or longer
        Similar to the annulment statute, there has been great interest in this particular statute.  Colorado Revised Statutes (CRS) are available on-line (refer to link) or are available in the local law library supported by the El Paso County Bar Association - you may ask a librarian for assistance in locating statute books.

Motion to modify - affidavit required. 
        A party seeking to modify a former order regarding custody or allocation parental responsibilities must submit an affidavit with the motion to modify.  Failure to do so will result in dismissal.  CRS 14-10-132

PREPARATION FOR COURT PROCEEDINGS REGARDING CHILDREN

        Terminology sometimes appears confusing, however it may not seem so difficult when you understand the court will be ordering how major decisions affecting children will be made, and deciding separately who will be the primary caretaker for the children.

        Obtain a spiral notebook and keep brief notes regarding matters pertaining to the children, both agreements and disputes.  Date each entry, state only facts, not opinions, and make each entry brief.  Keep a record of parenting time requests, including dates & times, parenting time exercised, and relevant facts.  Your notes may be later used to refresh your recollection on the witness stand and will be used by the lawyer to prepare for hearings.  With notes, you may effectively rebut false claims of your spouse and you will have a record to build your case.

        Advise the attorney not only of favorable circumstances, but of facts which may be harmful to your case.  Allowing your attorney to be educated by opposing counsel in court is very damaging to your case.

        If you and the opposing parent are contemplating a "custody battle," seriously consider the matter in light of the effect it may have on your children.  Parental responsibilities allocation evaluation is likely and a guardian ad litem or special advocate may be appointed by the court to represent the best interests of your child(ren).  You must be prepared to commit substantial financial resources.

        Each party will be required to submit a written, detailed parenting plan.

        In every case where children are involved, this attorney recommends you consult a psychiatrist, psychologist or licensed social worker to learn more about what impact your separation will have on the children, and how to effectively cope.  Advance knowledge will likely assist you in neutralizing negative circumstances and minimizing injury to your children.

        Permanent separation is a major life event, as is death of a loved one.  Do not feel stigmatized by seeking professional advice.  The fact you are inquiring into legal remedies indicates your relationship is in serous trouble, and perhaps your entire family structure has disintegrated or failed to materialize.  Consulting a mental health professional is quite likely the best course of action you could take at this point.  If the children are exhibiting trauma or unusual behavior, by all means immediately consult a mental health professional.  As a governmentally subsidized agency, Pikes Peak Mental Heath bills fees on a sliding scale based upon income.  Many private therapists or counselors are also located in town.  You may not desire extended therapy, however don't hesitate to at least touch base, regardless of whether or not you have children.

        It is advisable for everyone who undergoes breakup of a significant relationship to attend a relationship recovery workshop.  Attendance may likely assist you with grief and recovery.  They are free or inexpensive - all it takes is one night a week for about 8 weeks.  Who knows, even if initially you don't think it is worthwhile, you may learn something.
        For information, please follow the link to RECOVERY WORKSHOPS

OTHER RESOURCES

        Mental Health, Counseling and Resources, Treatment and Safe House page

        Safe House and Women's Resources

        T*E*S*S*A (fka The Center for Prevention of Domestic Violence) has safe-housing available in cases of physical or emotional abuse if the facts warrant. Occupational and therapy counseling is also available plus information on other agencies.

        Pikes Peak Mental Health has  crisis hotline and therapy available to families, individuals or children on a sliding scale based upon income.

        Resources - adults and teens

        Resources - parenting and children

        Department of Human Services (DHS) - contact numbers 
                crisis, abuse, financial aid, food stamps and child care

        Spousal maintenance does not exist in Colorado unless the parties were married by common law marriage or statutory marriage (judge or clergy ceremony).  "Palimony" or maintenance support between non married cohabitating partners is therefore unavailable in a paternity action.  If the parties cohabitated, there is a legal theory for partner support based in contract law.  The landmark case is Marvin v. Marvin, 18 Cal.3d 660 (1976).  While the actor Lee Marvin's case has been cited in two Colorado cases - Salzman v. Bachbrach, 996 P.2d 1263, 1267-1268 (Colo. 2000) (see property above) and In re Estate of Lewis, 652 P.2d 1106, 1108 (Colo. App. 1982), "palimony" has not been adopted in Colorado to this attorney's knowledge.

Thank you for considering my services; I appreciate your inquiry.