Colorado Springs, CO asked in Child Custody and Child Support for Colorado

Q: Why is a sworn financial statement needed for a custody case if the child support is a different case?

I was never married to my ex, we just have a child together that I am trying to get custody of.

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2 Lawyer Answers
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Divorce Lawyer
  • Fort Collins, CO
  • Licensed in Colorado

A: I assume that you are referring to a first-time custody application because a SFS (Sworn Financial Statesmen) is usually only required with a first time application. If you are only referring to a modification, than support does not necessarily (but often is) included in a modification request.

Child support is directly tied to the division of the parenting time between the parties and custody determinations establish parenting time. In other words, requesting custody (no matter how great or small) requires a calculation of child support (hence the need for a SFS).

There are rights and burdens of being a parent. A right is that, with some limitations, all parents have a right to have contact with their children. A burden is that both parents must provide for their child(ren).

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Tampa, FL
  • Licensed in Colorado

A: Courts generally require sworn financial statements in all custody or divorce cases. If there is a child support case already in place, you could inform the court of that and see if they will let you forego doing the financial disclosures normally required.

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