--- title: Our Blog - AMF Divorce | Child Support description: Child Support | From mortgage professionals to therapists to attorneys, the team at A.M. Financial works closely with these types of professionals. --- ## A.M. Financial - [Services](https://amf-divorce.com/divorce-transition-services) - [Service Plan](https://amf-divorce.com/service-plan) - [Frequently Asked Questions](https://amf-divorce.com/frequently-asked-questions) - [Our Blog](https://amf-divorce.com/our-blog) - [About Amy](https://amf-divorce.com/about-amy) - [Contact Us](https://amf-divorce.com/contact-us) - [Services](https://amf-divorce.com/divorce-transition-services) - [Services](https://amf-divorce.com/divorce-transition-services) - [Service Plan](https://amf-divorce.com/service-plan) - [Frequently Asked Questions](https://amf-divorce.com/frequently-asked-questions) - [Our Blog](https://amf-divorce.com/our-blog) - [About Amy](https://amf-divorce.com/about-amy) - [Contact Us](https://amf-divorce.com/contact-us) [Book a Meeting](https://calendly.com/amymahlenmelander/consultdivorcefinancialplanning) Posts about # Child Support ## [Child Support Changes in 2026: The Financial Impact](https://amf-divorce.com/our-blog/child-support-changes-in-2026-the-financial-impact) March 22, 2026 Colorado updates its child support laws regularly, but the changes that happened in 2025 and will go into effect in 2026 are more than minor adjustments. From how parenting time credits are... [CONTINUE READING](https://amf-divorce.com/our-blog/child-support-changes-in-2026-the-financial-impact) ## [Mediation Position Statement: Financial Preparation Matters](https://amf-divorce.com/our-blog/mediation-position-statement-financial-preparation-matters) March 01, 2026 When people hear “mediation position statement,” they often assume it’s a legal document their attorney drafts, filled with formal language and carefully chosen words. In reality, the strength of a... [CONTINUE READING](https://amf-divorce.com/our-blog/mediation-position-statement-financial-preparation-matters) ## [Vocational Assessments in Divorce](https://amf-divorce.com/our-blog/vocational-assessments-in-divorce) November 12, 2025 When one spouse is unemployed, caring for children and household needs, or is viewed as being ‘under-employed’, a vocational assessment can play an important role in determining fair child and/or... [CONTINUE READING](https://amf-divorce.com/our-blog/vocational-assessments-in-divorce) ## [Unemployment & Divorce: The Financial Considerations](https://amf-divorce.com/our-blog/unemployment-divorce-the-financial-considerations) March 04, 2024 Divorce is undoubtedly a challenging period, and when coupled with a significant shift in employment, the financial and emotional pressure can be overwhelming. The impact of losing your source of... [CONTINUE READING](https://amf-divorce.com/our-blog/unemployment-divorce-the-financial-considerations) ## [Part 2: Top Spousal and Child Support Questions: An Interview with Rachel Anderson, Family Law Attorney](https://amf-divorce.com/our-blog/part-2-top-spousal-and-child-support-questions-an-interview-with-rachel-anderson-family-law-attorney) April 16, 2023 In [part one of this post](https://mahlenfinancial.com/part-1-top-divorce-questions-aninterview-with-rachel-andersonfamily-law-attorney/), we introduced Rachel Anderson, [family attorney](https://mahlenfinancial.com/finding-the-right-divorce-attorney-6-questions-to-ask/) at [Anderson Allen, LLC](http://www.andersonallen.com/). Rachel works with divorcing couples in Colorado and has experience in all types of family law... [CONTINUE READING](https://amf-divorce.com/our-blog/part-2-top-spousal-and-child-support-questions-an-interview-with-rachel-anderson-family-law-attorney) ## [Part 1: Top Divorce Questions: An Interview with Rachel Anderson, Family Law Attorney](https://amf-divorce.com/our-blog/part-1-top-divorce-questions-aninterview-with-rachel-andersonfamily-law-attorney) April 03, 2023 The most mutually satisfying divorces often involve a [variety of professionals](https://mahlenfinancial.com/divorce-professionals-mahlen-financial/) who serve the divorcing couple in advisory roles. From mortgage professionals to therapists to attorneys, the team at... [CONTINUE READING](https://amf-divorce.com/our-blog/part-1-top-divorce-questions-aninterview-with-rachel-andersonfamily-law-attorney) ## [Stress Testing a Budget in Divorce](https://amf-divorce.com/our-blog/stress-testing-a-budget-in-divorce) January 14, 2023 Transitioning financially through divorce has many moving parts. Stress testing your strategy regarding how income and expenses can change your circumstances in the future is important to consider.... [CONTINUE READING](https://amf-divorce.com/our-blog/stress-testing-a-budget-in-divorce) ## [What Does Child Support Cover?](https://amf-divorce.com/our-blog/what-does-child-support-cover) June 01, 2022 Child support can be a confusing and complex part of a separation or divorce. It’s state-specific and there are several factors that influence it. From understanding the details of when it’s paid... [CONTINUE READING](https://amf-divorce.com/our-blog/what-does-child-support-cover) ##### About Amy With compassion and patience, Amy focuses on her client’s unique priorities to build a financial road map that provides clarity to make informed decisions today regarding the future. ##### Links - [Home](https://amf-divorce.com) - [Services](https://amf-divorce.com/divorce-transition-services) - [Our Blog](https://amf-divorce.com/our-blog) - [About Amy](https://amf-divorce.com/about-amy) - [Contact Us](https://amf-divorce.com/contact-us) - [Schedule a Meeting](https://calendly.com/amymahlenmelander) ©2026 Copyright. All rights reserved. A.M. Financial provides supporting financial information, evaluation and analysis to be utilized by the client and the client’s selected attorney if directed, during the process of their divorce. ervices provided in regards to this agreement are solely fee-only and do not involve investment or security advice or insurance transactions. All information is financial in nature and should not be construed or relied upon as legal or tax advice. A.M. Financial IS NOT AN ATTORNEY AND DOES NOT PROVIDE LEGAL OR TAX ADVICE. Individuals are encouraged to seek competent legal and tax advice from professionals who specialize in divorce and tax laws in their respective state. Amy Melander (CRD #4692263) is an Investment Adviser Representative of OneDigital Investment Advisors, LLC (ODIA). ODIA and A.M. Financial are independent and unaffiliated entities. ODIA does not offer or provide divorce financial planning services and any statements and/or opinions expressed by A.M. Financial do not represent the views and/or opinions of ODIA.   This website is a publication of A.M. Financial. Information presented is believed to be factual and up-to-date, but we do not guarantee its accuracy and it should not be regarded as a complete analysis of the subjects discussed. All expressions of opinion reflect the judgment of the authors as of the date of publication and are subject to change. Content should not be viewed as personalized investment advice or as an offer to buy or sell, or a solicitation of any offer to buy or sell the securities mentioned herein. A professional adviser should be consulted before implementing any of the strategies presented. Certified Financial Planner Board of Standards Inc. owns the certification marks CFP®, CERTIFIED FINANCIAL PLANNER™, CFP® (with plaque design) and CFP® (with flame design) in the U.S., which it awards to individuals who successfully complete CFP Board’s initial and ongoing certification requirements. ```json { "@context" : "http://schema.org", "@type" : "BlogPosting", "articleBody" : "Colorado updates its child support laws regularly, but the changes that happened in 2025 and will go into effect in 2026 are more than minor adjustments. From how parenting time credits are calculated to how medical expenses are handled, these updates can materially change cash flow for families navigating divorce or post-decree modifications. As a financial professional who works closely with people during divorce, I see firsthand how child support isn’t just a legal formula. It’s also a monthly budget reality. Understanding these changes now can help you plan more effectively and avoid unpleasant surprises later. In this post, we’ll detail what to expect from these changes. We highly suggest reviewing these changes with your legal counsel to get more information and determine if a modification or previous orders may be something for you to consider. Parenting Time Credits: Moving Beyond the 93-Overnight Cliff One of the most significant changes is the elimination of the old 93-overnight threshold. Under the prior system, a parent with 92 overnights received no credit at all, while a parent with 93 overnights suddenly received a meaningful reduction in support. From a financial standpoint, that “all-or-nothing” approach often made little sense. The new law replaces that cliff with a graduated scale. Parenting time credits now increase gradually based on the actual number of overnights a parent has, starting at zero and building up to a full credit at equal parenting time. This better reflects the real costs parents incur, including food, housing, clothing, transportation, and even when parenting time is limited. That said, the credit is not one-to-one. A parent with 25% of the overnights does not receive a 25% credit. The system recognizes that the majority parent still carries higher fixed costs, especially related to housing and daily expenses. Financially, this makes the calculation more nuanced and, in some cases, more contentious. Medical Expenses: Cleaner on Paper, More Interaction in Practice Another notable change affects extraordinary medical expenses. The prior $250 per-child annual threshold has been removed, meaning medical costs are now shared from the first dollar. This simplifies the math but increases the need for communication and reimbursement between parents, even for smaller expenses like co-pays. The definition of extraordinary medical expenses has also been expanded to clearly include things like therapy, orthodontia, vision care, and medical equipment. At the same time, the statute now clarifies that everyday items like bandages or over-the-counter medications are not included unless they’re medically recommended for a chronic condition. From a budgeting perspective, this means parents need clearer systems for tracking and documenting expenses and reimbursing one another. Without that structure, small costs can quietly add up, both financially and emotionally. Higher Income Thresholds and Updated Support Amounts The child support guidelines now apply to combined monthly incomes up to $40,000, up from $30,000. This brings more families under a predictable framework and reduces the need for discretionary extrapolation by the court. At the same time, the basic support schedules have been updated, including changes that affect lower-income parents and an overall increase in the combined support obligation shared between parents. For many families, this means recalculating expectations around monthly cash flow sooner rather than later. Alignment Between Child Support and Maintenance Finally, the law now harmonizes child support and spousal maintenance rules around income imputation. If a parent is caring for a child under 24 months, income generally will not be imputed for either calculation. This alignment removes a long-standing inconsistency and makes financial planning more coherent during early childhood years. What This Means Going Forward These changes apply to new child support orders and future modifications, not automatically to existing orders. But if a modification is on the horizon, these rules will shape the outcome. From a financial perspective, the takeaway is simple: child support is becoming more detailed, more individualized, and more sensitive to real-world costs. That makes preparation, budgets, cash-flow analysis, and long-term projections more important than ever. If you’re navigating divorce or considering a modification, understanding how these changes intersect with your financial picture can help you make smarter, more informed decisions for yourself and your children. Contact us to learn more about post-divorce budgeting and how you can be best prepared for these changes.", "author" : { "@type" : "Person", "name" : "Amy Mahlen", "sameAs" : "", "url" : "https://amf-divorce.com/our-blog/author/amy-mahlen" }, "dateModified" : "22/03/2026", "datePublished" : "22/03/2026", "headline" : "Child Support Changes in 2026: The Financial Impact", "image" : { "@type" : "ImageObject", "height" : 400, "url" : "https://39875594.fs1.hubspotusercontent-na2.net/hubfs/39875594/Imported_Blog_Media/qtq80-TPHjzr.jpeg", "width" : 750 }, "mainEntityOfPage" : "https://amf-divorce.com/our-blog/child-support-changes-in-2026-the-financial-impact", "publisher" : { "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "" }, "name" : "A.M. Financial", "url" : "amf-divorce.com" } } ``` ```json { "@context" : "http://schema.org", "@type" : "BlogPosting", "articleBody" : "When people hear “mediation position statement,” they often assume it’s a legal document their attorney drafts, filled with formal language and carefully chosen words. In reality, the strength of a mediation position statement has far less to do with wording and far more to do with financial clarity. From a financial advisor’s perspective, position statements are effective because they’re crafted with clear goals, well-supported financial needs, and a thoughtful understanding of tradeoffs. A strong position statement doesn’t argue. It explains. In this post, I’ll explain more about the Mediation Position Statement and how the right financial support is important when crafting one. I’ll also share more about a new resource launching soon. Purpose A mediation position statement serves one primary purpose: it helps the mediator understand what matters most to each party and why. It outlines: Your priorities Your concerns The outcomes you believe are fair and workable The financial context behind those outcomes When done well, it creates a roadmap for productive discussions. When done poorly, it can lock people into rigid positions before mediation even begins. As a financial professional, I often see poor position statements because the client hasn’t had the space or structure to fully think through their financial picture. Three Ways Position Statements Can Get Off Track Many position statements fall into one of three traps: 1. They focus on demands instead of needs with statements like “I want the house” or “I need $X per month in support” that do not explain the underlying financial reality. Without context, these positions can sound arbitrary or inflexible. 2. The financial assumptions aren’t fully developed and support requests aren’t tied to an actual budget. Asset preferences aren’t evaluated for liquidity, tax impact, or feasibility. Housing proposals don’t account for lending requirements. 3. Long-term implications are overlooked and short-term solutions can feel urgent, but mediation outcomes must work years into the future. A position statement that ignores sustainability often creates post-divorce financial stress. None of these issues are about intent. They’re about preparation. The Financial Lens That Strengthens a Position Statement The most effective mediation position statements are built on three core financial foundations. First, they reflect clear goals and priorities. Not everything can be equally important in a divorce, and understanding what truly matters, along with where there is room for flexibility, allows the mediator to guide discussions more efficiently and productively. Second, they are grounded in a realistic understanding of both current and future finances. Budgets are more than numbers on a page; they tell the story of what life actually costs today and what it is likely to cost after divorce. When requests for support or proposals for asset division are tied to a thoughtful, well-developed budget, they carry far more credibility. Third, strong position statements are informed by a working knowledge of the marital balance sheet. Knowing what assets exist, how they are classified, and how different division scenarios play out in practice helps prevent proposals that appear fair on paper but are difficult, or impossible, to execute in real life. When these elements are in place, a position statement shifts from defending a rigid stance to communicating a clear, informed, and strategic perspective. Why This Work Needs to Happen Before Mediation Mediation is not the ideal environment to discover financial realities for the first time. It’s time-limited, emotionally charged, and often expensive. Clients who attempt to “figure it out” during mediation frequently feel rushed into decisions they later question. By contrast, those who prepare in advance tend to approach position statements with confidence and clarity. They know: What they need Why they’re asking for it How their requests align with their long-term financial picture Which alternatives could still meet their core interests That preparation changes the entire tone of mediation. A Structured Way to Prepare Financially While clients may want to prepare well for mediation and create helpful position statements, they don't know where to start or how to organize their thinking. This gap is what led to the creation of the Entering Divorce Mediation Prepared E-Workbook. The workbook is designed to help individuals prepare financially and strategically before mediation. It walks you through: Clarifying goals, interests, and priorities Organizing current and future budgets Understanding the marital balance sheet and asset division Preparing thoughtfully for mediation discussions and position statements The goal is to help you understand your financial reality well enough and understand what you need in a clear, confident, and grounded way. Preparation Changes the Outcome When you understand your finances, your priorities, and the tradeoffs you’re willing to consider, mediation stops feeling like something that’s happening to you. It becomes a process you actively shape. If you’re preparing for divorce mediation and want a clear, structured way to think through your goals, finances, and priorities before drafting or finalizing your position statement, the Ready for Divorce Mediation E-Workbook will be available soon! Preparation doesn’t eliminate difficult conversations, but it makes them far more productive. Learn more about our e-workbook and sign up to get notified when it’s ready for download. Or, contact us for a free consultation today!", "author" : { "@type" : "Person", "name" : "Amy Mahlen", "sameAs" : "", "url" : "https://amf-divorce.com/our-blog/author/amy-mahlen" }, "dateModified" : "01/03/2026", "datePublished" : "01/03/2026", "headline" : "Mediation Position Statement: Financial Preparation Matters", "image" : { "@type" : "ImageObject", "height" : 400, "url" : "https://39875594.fs1.hubspotusercontent-na1.net/hubfs/39875594/Imported_Blog_Media/qtq80-xLNCRq-768x584.jpeg", "width" : 750 }, "mainEntityOfPage" : "https://amf-divorce.com/our-blog/mediation-position-statement-financial-preparation-matters", "publisher" : { "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "" }, "name" : "A.M. Financial", "url" : "amf-divorce.com" } } ``` ```json { "@context" : "http://schema.org", "@type" : "BlogPosting", "articleBody" : "When one spouse is unemployed, caring for children and household needs, or is viewed as being ‘under-employed’, a vocational assessment can play an important role in determining fair child and/or spousal support. Simply put, a vocational assessment is an expert evaluation of someone’s earning capacity or what they could reasonably earn based on their background, education, skills, and current job market conditions. The evaluator’s findings can then be used to establish “imputed income,” meaning the income a person is capable of earning, even if they’re not currently earning it. Understanding how vocational assessments work, when to request one, or understanding that your spouse can request one for you, can help both spouses plan more effectively for their financial future. For the Higher-Earning Spouse If you’re the spouse who’s been the primary earner, you might worry that your support payments will be based on the unfair assumption that your former partner can’t contribute financially. A vocational assessment can bring clarity and objectivity to that question. Pros: Objective evidence: A professional evaluator provides independent data on your spouse’s earning potential. Equitable support calculations: The court can base support on potential income, not just current (or nonexistent) income. Encourages self-sufficiency: The assessment can motivate your ex to reenter the workforce, reducing long-term dependency. Planning advantage: You can anticipate future support scenarios and budget accordingly. Cons: Cost: You’ll likely pay for all or part of the assessment, especially if you’re the one requesting it. Delays: Scheduling and completing the evaluation can add time to your case. Uncertainty: The evaluator’s opinion is just one factor; the court may still rule differently. Potential conflict: Requesting an assessment can heighten tensions, especially if your ex feels undermined by the assessment. For the Lower-Earning or Non-Working Spouse If you’ve been out of the workforce because you have been raising children, managing the household, or supporting your spouse’s career, the idea of a vocational assessment can be unsettling. But it’s not necessarily bad news. A good evaluator will consider your entire picture, including your education, experience, health, age, and family responsibilities. Pros: Clarity and direction: The report can highlight realistic career paths, training options, and earning potential. Empowerment: Understanding your marketable skills can support long-term independence and confidence. Transparency: A thorough evaluation ensures your financial capacity isn’t underestimated or exaggerated by guesswork. Negotiation tool: The report can be used to advocate for reasonable expectations around job reentry or retraining time. Cons: Pressure to return to work: You may feel pushed to work before you’re ready, especially if caregiving duties or health issues are involved. Possible overestimation: Some reports may assume an earning potential that doesn’t reflect your real-world situation. Emotional stress: Being evaluated after years out of the workforce can feel uncomfortable or invasive. Financial impact: If the court imputes a higher income than you actually earn, it could reduce your support. Plan Ahead Many divorcing couples don’t learn about vocational assessments until they’re deep into negotiations, and when it’s too late to plan around them. Whether you’re the higher earner or the lower earner, knowing that this tool exists early on can help you and your team (attorney, financial expert, or CDFA) propose support options that are fair and realistic. A vocational assessment is about understanding capacity. For one spouse, it can mean ensuring financial fairness; for the other, it can be a first step toward rebuilding independence and a realistic career path. Vocational assessments can be powerful tools in creating equitable financial outcomes, but they can also introduce complexity and emotion into an already complex and emotionally-charged process. With the right professional guidance and open communication, both parties can utilize the information as a roadmap toward achieving financial stability and balance after divorce. Understanding how imputed income affects support can significantly impact your long-term financial planning. Our team helps clients evaluate how vocational assessments and potential income findings may influence their budgets and settlement options. Contact us to learn more about how we can support you through the financial side of divorce.", "author" : { "@type" : "Person", "name" : "Amy Mahlen", "sameAs" : "", "url" : "https://amf-divorce.com/our-blog/author/amy-mahlen" }, "dateModified" : "12/11/2025", "datePublished" : "12/11/2025", "headline" : "Vocational Assessments in Divorce", "image" : { "@type" : "ImageObject", "height" : 400, "url" : "https://39875594.fs1.hubspotusercontent-na1.net/hubfs/39875594/Imported_Blog_Media/qtq80-uCY19b.jpeg", "width" : 750 }, "mainEntityOfPage" : "https://amf-divorce.com/our-blog/vocational-assessments-in-divorce", "publisher" : { "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "" }, "name" : "A.M. Financial", "url" : "amf-divorce.com" } } ``` ```json { "@context" : "http://schema.org", "@type" : "BlogPosting", "articleBody" : "Divorce is undoubtedly a challenging period, and when coupled with a significant shift in employment, the financial and emotional pressure can be overwhelming. The impact of losing your source of income not only takes a personal toll on you and your former spouse, it also affects how crucial aspects of your divorce, such as property division, spousal maintenance, and child support obligations. Keep in mind that you definitely should seek legal guidance on this topic and this article is intended to explain general concepts that can be involved in the state of Colorado. In this post, we explore factors to consider when facing unemployment or underemployment during the divorce process. Understanding Underemployment & Unemployment Underemployment refers to a situation where an individual voluntarily earns less than their full earning capacity, whether through part-time employment, choosing not to work outside the home or earning a wage well below their earning potential. In most instances of underemployment, an income will be imputed to the spouse based on their qualifications and earning potential. This imputed income is calculated including factors such as age, education level, previous work history, and marketable skills and any health issues to be considered. If parties can not agree on an income, a vocational assessment may be completed where a professional will conduct this analysis considering all factors including local employment landscape. This ensures that a fair and appropriate income is used for spousal support or child support calculations, even if the unemployed spouse's income is currently zero. The imputed income is what will be used in support calculations. If unemployment is involuntary, such as a job loss, it is important to document your efforts and attempts in finding employment. Document items such as positions applied for, potential income range, job requirements, and dates of interviews. This information will show that you are actively and sincerely looking for work. If you are receiving unemployment benefits, you will need to report it as income. Impact on Support Obligations & Overall Finances The loss of employment or a deliberate decision to quit a job can significantly affect spousal and child support obligations. Be sure to work with your attorney to understand what factors the court will consider such as the financial circumstances of both parties, historical income, and present incomes, to calculate child support. Keep in mind that regardless of the legal consequences that a loss of income can have on support, it can be financially devastating if a large amount of debt is incurred or assets liquidated. Generally divorces are financially challenging enough therefore putting in every effort to prevent a large financial hole to dig out of will certainly pay off as you move forward. Efforts to minimize the potential negative impacts such as temporary part-time employment of a position below your earning capacity until a more permanent solution is found can make a big difference in the long run. Emotional Stress The emotional toll of job loss, combined with the stress of divorce, can create a challenging situation. Emotional strain may impact decision-making and the willingness for parties to compromise during negotiations, leading to prolonged and heated divorce proceedings with high legal fees. Despite financial constraints, individuals facing divorce and unemployment are advised to maintain their expenses, including paying the minimum balance on debts. Employers often scrutinize financial histories, and overdue payments or bankruptcy could make future job opportunities difficult. Regardless of if you are or are not the spouse with job loss, it is important to discuss the dynamics of your situation closely with your attorney. Monitoring if and when strategies such as temporary support or establishing separate banking accounts would help protect you financially is essential. Navigating the intersection of unemployment and divorce requires careful consideration of financial implications, legal strategies, and resources to support your emotional well-being. Seeking guidance from a financial advisor can provide valuable insights and help navigate the complexities of this challenging period. At A.M. Financial, we offer a free consultation to help you learn more about our services and how they can support your needs.", "author" : { "@type" : "Person", "name" : "Amy Mahlen", "sameAs" : "", "url" : "https://amf-divorce.com/our-blog/author/amy-mahlen" }, "dateModified" : "04/03/2024", "datePublished" : "04/03/2024", "headline" : "Unemployment & Divorce: The Financial Considerations", "image" : { "@type" : "ImageObject", "height" : 400, "url" : "https://39875594.fs1.hubspotusercontent-na1.net/hubfs/39875594/Imported_Blog_Media/qtq80-BiVPMT-768x512.jpeg", "width" : 750 }, "mainEntityOfPage" : "https://amf-divorce.com/our-blog/unemployment-divorce-the-financial-considerations", "publisher" : { "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "" }, "name" : "A.M. Financial", "url" : "amf-divorce.com" } } ``` ```json { "@context" : "http://schema.org", "@type" : "BlogPosting", "articleBody" : "In part one of this post, we introduced Rachel Anderson, family attorney at Anderson Allen, LLC. Rachel works with divorcing couples in Colorado and has experience in all types of family law matters including high-conflict and complex cases, allocation of parental responsibilities, paternity, relocations, child support, spousal support, property division, modifications, and post-decree matters. In the second part of this interview, Rachel answers top questions about spousal and child support in Colorado. As you review these responses, note that the specifics of your divorce are unique. This post does not constitute legal advice. For specific guidance, talk to an attorney directly by scheduling a free consultation. How do I know if my case could be subject to spousal support? Spousal support, also called maintenance, can be awarded in a divorce case if a party cannot independently provide for their own reasonable monthly needs, either through property allocated to them in the divorce or through appropriate employment. To avoid the need for spousal support, the Courts can decide to allocate more marital property to one party to allow them to support themselves. If that type of property award is not possible or appropriate, the Court will consider a number of factors, including each party’s financial resources, their income, their employability, and the length of the marriage. A statutory guideline formula provides the court with a starting point for determining a monthly payment to the lower-earning spouse. Generally speaking, the formula results in an amount of support equal to 40% percent of the parties’ combined monthly adjusted gross income minus the lower-income party’s monthly adjusted gross income. If the calculation results in a negative number, the amount of support is zero. I am not currently working, what does inputting an income mean in the context of the spousal support calculation? How do I know if I will be imputed income; are there any exceptions? When calculating spousal support, Colorado law allows the Court to impute income for a party who is determined to be voluntarily under-employed, or unemployed. The Court can use a party’s potential “imputed” income in the support calculation equal to the amount they could reasonably earn if employed to their fullest capacity, considering their education, training, and employment history. However, the law says the Court should not impute income to a party if they are engaged in good faith efforts to obtain work experience, education, or training that is reasonably intended to result in higher income in the foreseeable future. Lastly, a party cannot be imputed income if they are physically or mentally incapacitated or caring for a child of the relationship under the age of thirty months. What are the major factors that affect the child support calculation that I should be aware of? In applying the statutory child support guidelines, a court will consider: the party’s gross monthly incomes (which includes wages as well as other sources) any spousal support awarded the number of overnights awarded to each party in the parenting time schedule the child’s portion of health insurance premiums paid by each party any extraordinary expenses related to the child (including childcare or recurring out-of-pocket medical expenses) Can child or spousal support be modified? Yes. Circumstances can and often do change. Child support can be modified when there is a substantial and continuing change in circumstances that would result in a variance of at least 10% in the amount of monthly child support, according to the child support guidelines. Maintenance can be modified when there is a substantial and continuing change of circumstances that makes the original award unfair or inadequate. Modifications can only be made for support payments due after the filing a motion, except for changes to child support due to a mutually agreed upon change of physical custody of the child. In the latter case, the modification can be retroactive to that change. Even if child or spousal support can be modified, how often are orders actually modified? In my experience, Courts are more inclined to modify child support than they are maintenance. Maintenance modifications are typically applied conservatively, especially if the Court considered a disproportionate award of marital property at the time of the divorce. Therefore, when negotiating for or making a request at trial for a particular maintenance award, one should never assume the amount can be changed at a later date. I have heard that my spouse will be required to pay for my legal bills since I do not have an income. Is this true? Colorado law considers the expenses of the divorce process itself, including attorney fees, and marital expenses to be shared by the parties. Attorney fees are often decided last, after all other financial determinations have been made. If the Court decides that sufficient marital property and spousal support were awarded to the lower-earning spouse, they may simply decide that each party is responsible for their own attorney fees. However, the Court will consider the amount and reasonableness of fees charged by each party’s attorney when deciding how to fairly allocate those between parties. We know that, while these might be top questions on your mind, there are likely others that you have specific to your circumstances. In fact, sometimes getting answers to the big questions results in more small questions related to your specific settlement strategy. Connect with Rachel Anderson, Family Law Attorney or Amy Mahlen, Certified Financial Planner, and request a free consultation to support your divorce process.", "author" : { "@type" : "Person", "name" : "Amy Mahlen", "sameAs" : "", "url" : "https://amf-divorce.com/our-blog/author/amy-mahlen" }, "dateModified" : "16/04/2023", "datePublished" : "16/04/2023", "headline" : "Part 2: Top Spousal and Child Support Questions: An Interview with Rachel Anderson, Family Law Attorney", "image" : { "@type" : "ImageObject", "height" : 400, "url" : "https://cdn2.hubspot.net/hubfs/39875594/Imported_Blog_Media/qtq80-Gwj3aK.jpeg", "width" : 750 }, "mainEntityOfPage" : "https://amf-divorce.com/our-blog/part-2-top-spousal-and-child-support-questions-an-interview-with-rachel-anderson-family-law-attorney", "publisher" : { "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "" }, "name" : "A.M. Financial", "url" : "amf-divorce.com" } } ``` ```json { "@context" : "http://schema.org", "@type" : "BlogPosting", "articleBody" : "The most mutually satisfying divorces often involve a variety of professionals who serve the divorcing couple in advisory roles. From mortgage professionals to therapists to attorneys, the team at A.M. Financial works closely with these types of professionals, who offer their expertise on various aspects of divorce and guide the divorcing couple toward peaceful resolution. Rachel D. Anderson, Family Law Attorney at Anderson Allen, LLC, is one of these esteemed professionals. With a commitment to helping families through major and often unexpected transitions with dignity, fairness, and peace, Rachel assists families in problem-solving and collaborative outcomes. I recently met with Rachel to understand more about the top questions she fields from clients when it comes to advising on the legal aspects of a divorce. In part one of this series, we detail her answers to top divorce questions. As you review these responses, please keep in mind that the specifics of your divorce circumstances are unique and this post does not constitute legal advice. The responses are also unique to Colorado State Law. For specific guidance, talk to an attorney directly or meet with Rachel by scheduling a free consultation. Tune into part two of this post, where we’ll detail top questions related to spousal and child support. It’s clear that I am heading into a divorce; how do I protect myself financially? It is certainly normal and expected to experience uncertainty, and even fear, about the financial aspects of filing for divorce. The first, important thing to understand is that during a divorce, the Court will divide marital assets and debts between the parties, and can “look back” at the financial dealings of the parties prior to the filing of the case. The Court can consider whether either party committed “economic fault” in anticipation of the divorce, such as concealing or disposing of marital property or funds, which can impact how the Court decides to allocate the estate. Furthermore, throughout the divorce process, both parties owe each other, and the Court, full disclosure of all economic circumstances, including accounts, balances, assets, and more. While there is no way to prevent marital property from being awarded to another party during the divorce, the parties are permitted to make financial transactions prior to and during the divorce “in the normal course of business” or for the “necessities of life”. This category of spending includes rent, car payments, groceries, childcare, insurance payments, and more. In anticipation of filing for divorce, both parties are permitted to access and utilize income (earned by either party) or assets to pay for regular living expenses, including attorney fees. In most cases, it is permissible for a party to open a separate checking account and transfer a reasonable amount of marital funds to cover their necessary expenses during the divorce process. Currently, irresponsible spending is going on in my marriage. I am worried irresponsible spending will occur once I file for divorce; how do I protect myself financially? Consulting with an attorney on your specific circumstances, as soon as possible, can help you create a strategy for safeguarding your assets. The sooner a case is filed, the sooner you will be able to address your concerns with the Court as any extraordinary spending may be addressed as a violation of the automatic temporary injunction that goes into place immediately upon the filing of a petition. While you can’t control how your former spouse will behave, it’s important to keep good accounting and documentation of your expenditures to defend against allegations of improper spending and ensure you do not take any actions that might be used against you later. It is important to talk to an attorney about your specific circumstances and concerns prior to making any major changes to your spending. How is property divided in Colorado? I have heard that it might not be split equally. How often does that occur and under what typical circumstances? The law directs Courts to allocate marital property between the parties “equitably,” not equally. In doing so, the court will consider a variety of factors, including the contributions of each spouse to the acquisition of property, which explicitly includes contributions as a homemaker, the value of marital property, and the economic circumstances of each spouse at the time of division. The Court can only divide “marital” property, which, with a few exceptions, are assets acquired or purchased during the marriage, as well as any increase in value to property a spouse may have owned prior to the marriage. The Court will also divide debts incurred during the marriage equitably considering similar factors. I have very little access to our finances. I need to move out of the home for my safety and hire an attorney. What do you suggest? In a challenging situation like this, safety should absolutely be your first priority. Meet with an attorney as soon as possible to discuss your options, but note that courts will not typically punish a party for using or transferring a reasonable amount of marital funds for the necessities of life, including living expenses and attorney fees for proceeding with a divorce. To the extent possible, you can also use a credit card for such expenses. Be sure to keep good accounting and documentation of how the money was used. While this post might address your top divorce questions, we know that understanding the long-term support you’ll need is also likely top of mind. In part two of this post, we dive into top questions around spousal and child support with expert Rachel Anderson, Family Law Attorney. Many of these support questions align with organizing and understanding your finances, which is the expertise we provide at A.M. Financial. Contact us to learn more.", "author" : { "@type" : "Person", "name" : "Amy Mahlen", "sameAs" : "", "url" : "https://amf-divorce.com/our-blog/author/amy-mahlen" }, "dateModified" : "03/04/2023", "datePublished" : "03/04/2023", "headline" : "Part 1: Top Divorce Questions: An Interview with Rachel Anderson, Family Law Attorney", "image" : { "@type" : "ImageObject", "height" : 400, "url" : "https://cdn2.hubspot.net/hubfs/39875594/Imported_Blog_Media/qtq80-BkkMZr.jpeg", "width" : 750 }, "mainEntityOfPage" : "https://amf-divorce.com/our-blog/part-1-top-divorce-questions-aninterview-with-rachel-andersonfamily-law-attorney", "publisher" : { "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "" }, "name" : "A.M. Financial", "url" : "amf-divorce.com" } } ``` ```json { "@context" : "http://schema.org", "@type" : "BlogPosting", "articleBody" : "Transitioning financially through divorce has many moving parts. Stress testing your strategy regarding how income and expenses can change your circumstances in the future is important to consider. Understanding how spousal or child support can be modified will help you answer questions such as ‘should I go back to work?’, ‘how much should I spend on rent?’ or ‘how much should I keep in my emergency fund?’ Overall, it also assists you in creating a workable settlement that you feel secure about moving forward. This topic is subject to state statutes and legal counsel is always advised regarding your specific situation. The following are considered general guidelines. A.M. Financial does not provide legal or tax advice. Spousal Support Start by reviewing your divorce papers as they might provide insight regarding allowable modifications regarding your case. Some arrangements allow for adjustments due to income changes within a specific percentage by either party. For example, receiving a significant pay raise or transitioning from part-time to full-time work could trigger modifications to support. Other changes in employment, living arrangements (moving in with a boyfriend or roommate) or injuries leading to long-term disabilities can also be cause for support to be modified. Contractual spousal support agreements mean modifications cannot be made unless stated otherwise. Individuals who have concerns that an ex-spouse could potentially and purposefully be vindictive, e.g., risking their employment in attempts to avoid paying support, should speak with their attorney to see if a contractual support agreement or lump-sum payout would be a workable option for your case. Be aware that if spousal support decreases more than $15,000 per year within the first three years after a divorce, significant tax consequences could result unless the changes were due to death or remarriage. It is important to speak to an attorney or tax professional to review your case. Child Support Child support is determined by state guidelines which are based on overnight visits with each parent. If the number of overnight visits changes due to a move, change in school or other circumstance, parties can petition for a modification. Many of the same occurrences that can change spousal support also apply to child support – employment changes, disabilities, etc. Child expenses such as medical expenses, daycare, educational expenses or extra-curricular activities are addressed either in the child support worksheet or the parenting plan. When items listed on the child support worksheet change, such as daycare expenses or child health insurance expenses, modifications can be made. Spousal support is viewed as income to the recipient and affects the amount of child support. Therefore, if spousal support is modified then child support will most likely change as well. How to Modify Support Arrangements If changes have occurred that warrant a modification in either spousal or child support, paperwork should be submitted requesting an adjustment with an explanation for the change. Just like any other time in the divorce process, it is prudent to seek legal counsel to understand your rights and how to protect yourself. Depending on the situation, if a petition for modification is received in agreement with the other party the process can be straight forward and timely. In other cases, when parties are unable to come to an agreement, the issue will be decided in front of a judge. It is important to note that individuals remain responsible for court-ordered arrangements until a request for modification has been submitted and alternate arrangements have been approved.", "author" : { "@type" : "Person", "name" : "max.melomed@gmail.com", "sameAs" : "", "url" : "https://amf-divorce.com/our-blog/author/max-melomedgmail-com" }, "dateModified" : "14/01/2023", "datePublished" : "14/01/2023", "headline" : "Stress Testing a Budget in Divorce", "image" : { "@type" : "ImageObject", "height" : 400, "url" : "https://cdn2.hubspot.net/hubfs/39875594/Imported_Blog_Media/e2f69251cb244a16a0c1f7d6f87aba1e.webp", "width" : 750 }, "mainEntityOfPage" : "https://amf-divorce.com/our-blog/stress-testing-a-budget-in-divorce", "publisher" : { "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "" }, "name" : "A.M. Financial", "url" : "amf-divorce.com" } } ``` ```json { "@context" : "http://schema.org", "@type" : "BlogPosting", "articleBody" : "Child support can be a confusing and complex part of a separation or divorce. It’s state-specific and there are several factors that influence it. From understanding the details of when it’s paid to what is covered to how you calculate it, in this post, we work to help you get a handle on the topic of child support. What exactly is child support? Child support is the culmination of “normal” expenses associated with raising a child. These normal expenses typically include food, shelter, transportation, clothing, health insurance, and certain educational costs. Both parents are obligated to contribute toward child support and the cost of these basic expenses is set in this state by Colorado’s Schedule of Basic Child Support Obligations. Additional examples of what is typically included in child support: Groceries for the children Clothing School lunches School supplies Daycare costs for parents who work (if it has been included on the child support worksheet) Of course there are always exceptions and this list varies ultimately, on what is included on your child support worksheet. How Does Child Support Work? As mentioned above, both parents are expected to provide the children with the above general living expenses during their parenting time. However, the percentage of contribution each parent makes toward child support is based on parents’ incomes, number of overnights with the minor child(ren), and the number of children being supported. Child support paid from one parent can also change overtime. Child support is calculated with a state-specific worksheet. Any expense that is not included in the worksheet may not be easy to enforce. Things like daycare and health insurance are only sometimes included on the worksheet, based on your unique agreements. If there are expenses that aren’t part of worksheet calculations, ensure that they are expressly stated in your Parenting Plan along with an agreement on how to pay or split these expenses. Court ordered child support is usually part of your Parenting Plan agreement and must be paid until the court has made a modification. A modification might happen with a significant job change (income) or major change in overnights. Usually, modifications don’t happen unless there is a 10% change in the amount paid from one parent to the other. How do “extraordinary expenses” relate to child support? Extraordinary expenses add up in the life of the child but are not usually addressed on the child support worksheet. If the annual total aggregate amount of these expenses exceeds $250 per year, they should be specifically addressed in the parenting plan. Examples include: School field trips School or sport uniforms School fees Sport/activity fees and associated costs Summer camp Club or organization membership costs Tuition Car insurance Cell phone Private lessons Medical costs per year per child, for example: Medical co-pays or deductibles Therapy Orthodontia Dental Asthma treatments Allergy shots Physical therapy Surgeries Prescription drugs Vision care including glasses and contacts Out of pocket expense health expenses  In order to ensure both parents understand the expectations of how these costs will be managed, they should be outlined in the Parenting Plan.. Typically agreements split these costs 50/50 or are based on a percentage of the parent’s total income such as 70/30. These are general guidelines and recommendations and it is always best to discuss your specific circumstances with your legal counsel. Beyond payment, some of these extraordinary expenses require joint decision making. For example, both parties will need to agree on medical treatment, extracurricular activities, and/or summer camps because they have not only a financial impact on both parties, but also impact the parents’ parenting time. If there are extraordinary activities or expenses that are not agreed on for financial reasons (such as an expensive overnight camp or competitive sport), parents can make alternative agreements regarding how to share or not share in the expense, but allow the activity or expense to take place. Conclusion Child support can be a confusing topic to wrap your head around. You may wonder how child support will impact your financial situation now and in the future. We can help you understand how child support obligations or payments impact your finances and what you should consider both in your Parenting Plan now and how you should plan for what’s next. Contact us for a free consultation.", "author" : { "@type" : "Person", "name" : "Amy Mahlen", "sameAs" : "", "url" : "https://amf-divorce.com/our-blog/author/amy-mahlen" }, "dateModified" : "01/06/2022", "datePublished" : "01/06/2022", "headline" : "What Does Child Support Cover?", "image" : { "@type" : "ImageObject", "height" : 400, "url" : "https://cdn2.hubspot.net/hubfs/39875594/Imported_Blog_Media/qtq80-9twULk.jpeg", "width" : 750 }, "mainEntityOfPage" : "https://amf-divorce.com/our-blog/what-does-child-support-cover", "publisher" : { "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "" }, "name" : "A.M. Financial", "url" : "amf-divorce.com" } } ```