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Emma Hillary

Updated: Jul 26, 2024



Nick Cannon has been candid that he does not pay court-ordered child support to any of the six mothers of his eleven children, but how much would he pay in Colorado if ordered to do so?


In Colorado, child support is governed by statute, C.R.S. § 14-10-115. To determine the amount of child support, the court examines several factors, including the number of children born to the relationship, the number of overnights each parent has per year, and the parents’ respective incomes. Parents also receive a credit for incurring certain expenses, such as paying for the child’s health insurance or financially

supporting children from other relationships. The child support statute contains a “schedule of basic support obligations,” which is essentially a chart for determining the amount child support. However, the

schedule only provides child support award amounts for parents that have a combined monthly income between $1,100 and $30,000.


The Supreme Court of Colorado addressed this issue in In re Marriage of Boettcher. In that case, the Court concluded that, where the parents’ combined monthly income exceeds $30,000, the court may, within its discretion, award more than the amount determined by the schedule, as long as it considers the factors outlined in the statute. See 449 P.3d 382, 386 (Colo. 2019). In other words, the court can, and likely will, order parents with higher incomes to pay higher amounts in child support.


So, what does this have to do with Nick Cannon? Well, he and the women he shares 12 children with have combined incomes that far exceed $30,000, and that significantly impacts the amount he would have to pay in child support.


I ran a child support worksheet for Nick Cannon to see what his court-ordered child support payments for one child might cost him in Colorado. My calculation was based on the following information:

- Mr. Cannon claims to earn $100 million per year.

- For simplicity, I’m using $2 million for mother’s income.

- It seems that Mr. Cannon does not have consistent overnight visits with his children at his home, so I allocated him 0 overnights on the worksheet.

- Mr. Cannon asserts he pays well over $3 million towards supporting his eleven children. To be generous, I gave him a credit of $10 million for non-court-ordered child support paid to others.


Based on those numbers, Nick Cannon would owe $633,775.30 in monthly child support for his son, Legendary Love, in the state of Colorado. Sheesh!


Notably, there are many components to determining child support. At Boeckx Law, we are incredibly knowledgeable and experienced at addressing these issues. If you need assistance, we are here to help.

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References:

-Colo. Rev. Stat. § 14-10-115 (2023).

-In re Marriage of Boettcher and Boettcher, 449 P.3d 382, 382-86 (Colo. 2019).

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Photo credit: This image was originally posted to Flickr by sagindie at https://www.flickr.com/photos/39775299@N00/392388910. It was reviewed on 1 April 2008 by FlickreviewR and was confirmed to be licensed under the terms of the cc-by-2.0. No changes were made to the photo.


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Caitlin Callahan

Colorado is one of only a few states that recognizes common law marriage. Common law marriage is an informal, valid and legal approach to marriage. There does not need to be a formal marriage ceremony or a signed marriage license. Common law marriage only requires mutual consent (or an agreement between the two parties) and a mutual and open assumption that a marriage exists.


If either party disputes the existence of a common law marriage, the parties must have a validity of common law marriage hearing before they can get divorced. The court will need to determine if the couple held themselves out as married to their community.


Some factors that will serve as evidence of a common-law marriage include:

1. Co-habitation between the parties;

2. Having a reputation in the community as being married;

3. Having joint bank accounts;

4. Purchasing and owning property jointly;

5. Filing joint tax returns;

6. Using the same surname by both parties or by children born to the parties;

7. Social media posts referring to the other person as "spouse" or "wife/husband."


In Colorado there is no requisite time the couple needs to be together when establishing a common law marriage. As long as there is proof of the parties' intent to be married, the length of the relationship does not matter. The factors above will serve as guidelines of the parties' intent.


Once a common law marriage is established, all of the legally binding rights and benefits of a formal marriage apply, to include a potential award of spousal maintenance and division of retirement funds or other investments. All obligations of a marriage would also apply, which could include both parties' responsibility for debts incurred during the time the parties held themselves out as married.


If a common law marriage ends, the parties will have to go through a formal legal dissolution of marriage (divorce) through the court. Since a common law marriage is treated the same as a formal marriage, the same process will apply. The parties must obtain a formal divorce decree which generally includes a separation agreement and if the parties have children, a parenting plan. These documents will outline factors such as property division, debt allocation, parenting time schedules, spousal maintenance, and child support.


If you think you may or may not be common law married, we are happy to further discuss this with you.


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In February of 2022, Texas Attorney General Ken Paxton released a statement equating gender-affirming care of transgender children to child abuse. This statement was echoed by Texas Governor Greg Abbott who directed the Department of Family and Protective Services to open investigations into parents who provide this care. Abbott urged teachers, doctors, and the general public to report instances of parents providing this type of care. Following this order, DFPS opened investigations into at least nine families.

In March, one of these cases came before Judge Amy Clark Meachum who issued a temporary restraining order related to the parties of that case, which was later expanded to a statewide injunction against these investigations. In this case, the plaintiffs are anonymous John and Jane Doe, parents of a transgender child who have been investigated in regards to their teenager receiving gender-affirming care. The mother, Jane Doe, is an employee of DFPS and is at risk of losing her job and has been placed on administrative leave due to the investigation. Also included in the suit is a psychologist, Megan Mooney, who states that Abbott’s order is a violation of her ethical obligations. Mooney could face civil suits if she complies with the order, or face prosecution if she does not. She has also testified to the impact that this will have on rates of depression and other mental health issues.

Paxton appealed the injunction to the Third Court of Appeals who upheld the ruling of the lower court and reinstated the statewide temporary injunction. However, in May, the Texas Supreme Court issued a ruling that the appellate court had overstepped on procedural grounds. The Court stated that while the appellate court can reinstate an injunction to preserve the parties’ rights, the party at issue here is the parents directly involved in the suit, not all parents of transgender children in the state. The Supreme Court also issued additional restrictions on Paxton and Abbott’s order stating, ​​“DFPS’s preliminary authority to investigate allegations does not entail the ultimate authority to interfere with parents’ decisions about their children, decisions which enjoy some measure of constitutional protection whether the government agrees with them or not.”

In light of this ruling, many Texans are concerned about what this means for their children receiving medical care, and for them as parents subject to investigation. This has resulted in an increase of families considering relocation, at least temporarily, as many hospitals shut down their programs for gender-affirming care for minors and DFPS begins to investigate again.


While Texas and other conservative-leaning states may restrict access to gender-affirming care, state laws will continue to protect gender identity and expression in Colorado. On May 20, 2021, Colorado H.B. 21-1108 was signed into law which expanded Colorado laws on anti-discrimination to protect “all regardless of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin, or ancestry” in all places of public accommodation including schools.


Colorado also contains the only comprehensive care center in the Rocky Mountain region specifically set up for gender-diverse children, adolescents and young adults- the TRUE Center for Gender Diversity at Children’s Hospital of Colorado. Their multidisciplinary team includes experts in adolescent medicine, endocrinology, art therapy, nutrition, social work, psychology and other areas. Some services they offer include puberty-blocking medications, hormone therapy, gender counseling, nutrition services, referrals to therapy and support groups and assistance with legal name and gender marker changes.


As more states begin following Texas, Colorado promises to remain a safe haven for transgendered children, adolescents and adults.

References:

https://www.abajournal.com/news/article/texas-judges-statewide-injunction-blocks-investigations-of-parents-of-transgender-kids


https://www.abajournal.com/web/article/parents-of-transgender-child-win-tro-that-blocks-texas-from-investigating-them


https://www.nbcnews.com/nbc-out/out-politics-and-policy/texas-families-trans-kids-plan-flee-state-rcna23633


https://www.texastribune.org/2022/05/13/transgender-teens-child-abuse-texas/


https://www.bloomberg.com/news/articles/2022-05-13/top-texas-court-lifts-injunction-on-abbott-s-gender-care-rules

​​

https://www.childrenscolorado.org/doctors-and-departments/departments/gender-diversity-center/


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