Colorado Child Support Case Law Update - October 2007

• Jurisdiction: Colorado,United States
• Citation: Vol. 36 No. 10 Pg. 79
• Pages: 79
• Publication year: 2007

36 Colo.Law. 79 Colorado Lawyer 2007.

2007, October, Pg. 79. Colorado Child Support Case Law Update - October 2007

The Colorado Lawyer
October 2007
Vol. 36, No. 10 [Page 79]

Articles
Colorado Child Support Case Law Update
by Victor C. Devereaux

About the Author:

Victor C. Devereaux is an Assistant City Attorney assigned to the IV Legal Unit of the Denver Human Services Department. This Unit has the mission of ensuring that all children receive financial and medical support from each parent by helping both parents assume responsibility for the economic, social well-being, health, and stability of their children. The author thanks Magistrate Bowling of the Eighteenth Judicial District; Maureen Leif of the Colorado Judicial Branch Office; Timothy Mehrtens and Steven Epstein of Litvak, Litvak, Mehrtens & Epstein, P.C.; and Suanne Craig, Assistant City Attorney, City & County of Denver for their contributions to this article.

This article provides a summary and analysis of case law handed down in 2006 by the Colorado Court of Appeals related to child support obligations, as well as the potential impact this case law may have on the collection and enforcement of child support obligations.

Child support enforcement plays an important social and economic role in the lives of parents and has an even more important impact on children. The efforts of governmental entities and the private sector to enforce judicial child support orders results in millions of dollars collected on behalf of children in need in Colorado. This article summarizes published Colorado child support cases from May 2006 through May 2007.

Campbell

In re the Marriage of Campbell(fn1) was decided on May 18, 2006 in Larimer County. The case involves an attorney who attempted to avoid potential financial liability to his estranged wife, and attempted to discharge in bankruptcy medical expenses incurred by his minor children of this union.

Husband filed a bankruptcy petition during the dissolution action, triggering a requirement for him to leave his position in his law firm and accept payment of $50,000 as his interest in the business. Wife argued on appeal that the trial court erred in determining the value of the law practice. The Colorado Court of Appeals found that if a party in contemplation of dissolution of marriage has dissipated marital assets, those assets must be valued as of the last day they existed as marital property. The court remanded the case for determination of dissipated marital property by husband's filing for bankruptcy.

Husband had argued at trial that the extraordinary medical expenses of the children were discharged in bankruptcy. Wife argued that the trial court erred in determining that extraordinary medical expenses of the children were not in the nature of support and were dischargeable in bankruptcy. The Court of Appeals agreed with wife and determined that a "parent's obligation for extraordinary medical expenses is an integral part of the child support obligation" under CRS § 14-10-115(4), and directed the trial court to enter judgment against husband for his share of extraordinary medical expenses of the children. The court noted that CRS § 14-10-115(4)(b) states that the child support guidelines adjust the child support amount based on the needs of the children for extraordinary medical expenses and work-related child care costs. The Court of Appeals held that the bankruptcy court and the domestic law court had concurrent jurisdiction in determining whether a debt is in the nature of support and therefore exempt from discharge.

Wife argued that the trial court erred in allowing husband's four-year average income of $34,000 per month to be reduced for purposes of calculating child support to $14,600 per month after he was "expelled" from the firm and began working as "of counsel."...