The Kids Come First: Understanding How Child Support is Determined in Colorado

Next to working through the custody arrangement, most will likely agree that determining child support is going to be the most important issue in a divorce when children are involved.

In the state of Colorado, child support is supposed to be easy to understand, thanks to the calculations that are laid out by the State.

That said, understanding child support is often more complex than just a simple formula. 

KEY TAKEAWAYS:

• While Colorado child support basics are straightforward, complexities still arise.

• Understanding and applying Colorado’s child support laws fairly will involve looking closely at financial resources, overnights, and child-related expenses.

• Deviations from standard guidelines will require thorough documentation and legal expertise to ensure fair and appropriate child support decisions.

While some of the basics of Colorado child support are fairly straightforward, it can become quite complicated when you begin factoring in potential elements like unforeseen medical expenses, additional educational costs, spousal income disparities and other exceptional circumstances. 

Let’s look more closely at Colorado’s child support laws so that everyone involved can make sure that the guidelines are well understood and applied fairly.

The Law is the Law: Colorado’s Child Support Laws

Colorado courts determine the amount of child support using a set of rules outlined in C.R.S. § 14-10-115 which you can find here.

The statute contains several rules and guidelines to determine how much child support is (typically) appropriate, including:

• The financial resources of the child.
• The financial resources of the custodial parent.
• The standard of living the child would have enjoyed had the marriage not been dissolved.
• The physical and emotional condition of the child and his or her educational needs.
• The financial resources and needs of the noncustodial parent.

After the amount of child support is determined, Colorado courts generally calculate how much child support each parent should pay by using a rule known as the Income Shares Model, similar to that of many other states. 

While you can read the entirety of the document here, the three most important factors in calculating child support are as follows:

1. Each of the parent’s “Adjusted Gross Income.”
2. The number of overnights each parent has.
3. The amount of money each parent spends on the child (or children) for things such as healthcare, daycare, clothing, extracurriculars and other expenses.

Let’s break each of these factors down to understand them better:

#1: Adjusted Gross Incomes: 

In Colorado, the primary factor in determining child support is each of the parent’s “Adjusted Gross Income.” 

When determining this figure for each parent, the court will look at income from various sources, including wages, salaries, bonuses, social security benefits, rental properties, retirement funds, dividends, and even capital gains. 

It’s important to note that the calculation of this adjusted income can get quite complex, as certain expenses and deductions need to be factored in. 

Working with a reputable attorney so that you can understand this figure before going to court is going to be an essential part of how you move forward in your cas.

#2: Number of Overnights: 

The number of overnights each parent has with their child (or children) is another pivotal factor in calculating child support. 

Colorado uses two different worksheets to account for this: 

Worksheet A (Sole Physical Care): This worksheet is used when one parent has fewer than 92 overnights with the child each year. It’s designed for cases where one parent has primary custody, and the other has limited visitation. 

Worksheet B (Shared Physical Care): This worksheet applies when both parents have 92 or more overnights each year with the child. It reflects the shared parenting arrangement and acknowledges that both parents have significant financial responsibilities for the child.

By using a formulaic calculation like the above, the courts are hoping to ensure that the financial responsibility of any children is proportionate to the amount of time each parent spends with the child.

#3: Expenses on the Child: 

Expenses that are used in this part of the calculation include any money each individual parent spends on their child or children, including things like: healthcare, daycare, and other necessary expenses like food, housing, clothing and school needs. 

While this factor can clearly become problematic when parents don’t agree on expenditures, the courts will still need to make a determination, based on evidence presented and what they believe to be most fair for all involved.

This is another example where having an experienced attorney involved can make a big difference in ensuring all factors are accounted for and the best ruling can be made for the well-being of all involved.

Beyond the Basics: Deviating from the Determined Child Support Guidelines

While Colorado courts typically follow the already established guidelines to determine what is fair when it comes to child support, there are circumstances where deviations from these guidelines are necessary to achieve what is best for everyone involved.

Some of the reasons for a deviation include:

• High Incomes: In cases where one or both parents have significantly higher incomes than average, the standard child support calculation may not adequately reflect the children’s needs or the parents’ ability to pay.
• High Standards of Living: If the family enjoyed a particularly high standard of living before the separation, the court might deviate upwards to maintain a similar quality of life for the children.
• Children with Special Needs: Children with disabilities or special educational needs often require additional resources. These expenses are taken into account, leading to higher child support obligations to cover medical care, therapies, or specialized education.
• Disparity in Spending: When one parent is shouldering a significantly higher portion of the children’s expenses beyond the calculated child support, such as covering all extracurricular activities, private schooling, or additional healthcare costs, the court may adjust the support amount to ensure fair contribution from both parents.

The Burden of Proof: How Do the Courts Know if a Deviation is Reasonable and Necessary

If you decide that a deviation from the child support guidelines is necessary, it is up to you (and/or your lawyer) to convince the court that said deviation is both reasonable and necessary. 

While there are plenty of situations where this is a completely reasonable request, you will want to work closely with your attorney to make sure that all evidence is appropriately and accurately presented in order to make your case clear.

When Your Kids are at Stake…Turn to Geigle | Morales for Support

At the law firm of Geigle | Morales, we have a long track record with helping parents advocate for themselves and their children during a divorce.

Our attorneys understand Colorado law when it comes to children. And we understand unfairness when it comes to adults behaving badly.

Be an advocate for your kids and yourself. Call the lawyers at Geigle | Morales to help you get started today.