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Colorado Springs Family Law Blog

Colorado child support orders can be modified in some situations

Every parent, whether mother or father, to a Colorado child has the responsibility to provide for their basic needs including housing, food and clothing. Whether a parent has custody of their child is immaterial. Each parent is responsible for providing for their child's basic necessities unless a parent has signed over their parental rights, their son or daughter has become emancipated or a judge has changed an order.

In Colorado, either parent is eligible to request a review of the child support order that is in place. There must be, however, a good reason for the modification to be requested. No request for a modification will be heard unless it's being made to either decrease or increase the support by at least 10 percent or unless it involves medical support being reconsidered.

What to do when military service disrupts child custody schedules

Military divorce has its challenges beyond civilian divorce. It is easy to encounter absences from one parent to attend military service that can easily disrupt child custody arrangements. When this happens, it can cause stress for both parents and children.

When you know that a military deployment or relocation will change child custody issues laid out in your divorce, it can be helpful to know processes and protections that can help you. Here are some things that can assist you with your child custody issues when military service impacts your parenting schedule.

How can Colorado parenting coordinators help with custody issues?

Co-parenting can be difficult in the first months or years after you and your ex split up. You both may be having difficulty communicating because you're still adjusting to the breakup of your relationship or not being able to spend time with your child whenever you like.

It's also a time in which you're figuring out how much raising your child costs and how your child is going to respond to you and your ex's different parenting styles. These are just some of the many reasons former Colorado couples see parenting coordinators for.

More couples are choosing to have long-distance marriages

The rates of long-distance marriages are apparently increasing among younger couples according to data compiled by the Wall Street Journal. While many couples who live apart do so because one of the spouses is incarcerated or a couple is estranged, others are separated because of overseas work obligations, as often is the case with military couples.

Advances in technology have reportedly made it easier for many married couples to navigate maintaining their marriages while hundreds if not thousands of miles apart from one another. The researchers especially found that the use of video calls has proven to be particularly important to helping couples separated by distance. It allows them to keep in touch with each other throughout their busy days and at night once they're home.

Child custody modifications often face scrutiny from judges

For many couples, the parenting plan that they agree to when they first split up only works for a period of time. Then circumstances change. A mom or dad may get remarried, change jobs or decide to move away. A parent may develop a drug habit or start living with unsavory individuals. These are just some of many reasons that a mom or dad may petition a judge to reassess custody arrangements.

When a judge is called in to make a decision in custody matters, what they're required to keep at the forefront of their minds is what's in the best interests of the child.

Military pensions aren't always split in half during a divorce

If you're a servicemember edging toward retirement and your spouse files divorce papers, you may have real concerns that your spouse will be entitled to 50 percent of your retirement pay. You've likely heard rumors that if you and your spouse have been married a certain number of years concurrent with your active military service, your spouse will be automatically entitled to this. This is not necessarily the case.

The Uniformed Services Former Spouses' Protection Act of 1982 paved the way for former spouses of servicemembers to receive a percentage their retirement pay. However, that doesn't mean that they always get half. Instead, the law was written so that the handling of a military retirement should be decided on by a state family law judge, just like any other decision involving property division.

How to deal with a Colorado dad who won't pay child support

If you were to ask a mom facing divorce what her biggest fears are, she'd likely say that she is concerned about two primary things. First, she'd voice her fears about how the time that she spends with her kids would be impacted. Second, she'd likely say that she's concerned about how she'll make ends meet without financial support of her ex.

Couples who part ways under amicable circumstances may choose to discuss who will be responsible for finances up until a separation agreement including custody and support orders are made by a judge.

My Facebook account is private. Can it be used in a custody case?

Can setting your social media profile to "private" protect yourself from incriminating accusations?

Maybe not.

If you will be involved in a contested custody case, your social media account(s) may not be secure. Read on to learn about your rights and how to use social media to your advantage in a custody case.

A parenting coordinator can help resolve complex custody concerns

Couples who find themselves on the brink of divorce often struggle to keep their emotions in check. Those who have children may have even more difficulty doing so, especially if one parent becomes unwilling to settle custody matters.

This often results in drawn-out negotiations between attorneys outside of court and epic battles in front of a judge inside of the courtroom. When custody battles become heated such as this, it can be beneficial to have a parental coordinating and decision-making (PCDM) attorney step in.

Special laws impact how military divorce is handled

It can be difficult for any couple to have to come to terms that they're marriage is irretrievably broken and that it's time to pursue a divorce. Although the military classifies the divorce process as a personal, civilian matter, there are certain laws that uniquely apply to servicemembers seeking a divorce. These are intended to protect both the member of the armed forces and his or her spouse.

One such law is the Servicemembers Civil Relief Act. It allows active duty members of the armed forces to take extra time in responding to divorce filings that may be served upon them.

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