Child support is a crucial component of any divorce or separation involving children. In Colorado, child support calculations are designed to ensure that children receive adequate financial support from both parents, regardless of their living situation. If you’re navigating the child support process, understanding how these calculations are made can help you better prepare and advocate for your child’s needs. Here’s a comprehensive guide on how child support is calculated in Colorado.
1. How Is Child Support Determined in Colorado?
Colorado uses the Income Shares Model to calculate child support. This model estimates the amount of support a child would have received if the parents were still together and divides that amount between the parents based on their incomes. The goal is to maintain the child’s standard of living as much as possible.
The calculation takes into account several factors, including:
Gross Income of Both Parents: This includes all income sources such as salaries, wages, bonuses, dividends, rental income, and self-employment income.
Parenting Time (Overnights): The number of overnights each parent has with the child is a significant factor in determining the support amount. Generally, more overnights with a child can result in lower child support obligations.
Childcare Costs: This includes costs for daycare or other childcare services required for a parent to work or attend school.
Health Insurance and Medical Expenses: The cost of the child’s health insurance and any extraordinary medical expenses is considered in the calculation.
Other Relevant Costs: Such as educational expenses, extracurricular activities, and special needs of the child.
2. Calculating Gross Income for Child Support
Gross income is the starting point for determining child support in Colorado. The court considers almost all types of income, including:
Wages and Salaries: Regular earnings from employment, including overtime and bonuses.
Self-Employment Income: Net earnings from a business or partnership.
Investment Income: Interest, dividends, and rental income.
Other Income Sources: Pensions, annuities, Social Security benefits, unemployment benefits, and any other income that contributes to the parent’s financial resources.
Exclusions from Gross Income: Certain income types are excluded from the calculation, such as:
Income from public assistance programs (i.e., Colorado works program, supplemental security income, food stamps, and general assistance);
child support received for other children;
Income from additional jobs that result in employment of more than forty hours per week;
Social security benefits received for, or on behalf of, the children; and
Earnings or gains on a retirement account (i.e., 401k, 403b, pension, IRA) unless the parent takes a distribution from that account.
Gross Income from Self-Employment: For income from self-employment, rents, royalties, proprietorship of a business, joint ownership of a partnership or closely held corporation, "gross income" equals gross receipts minus ordinary and necessary business expenses required to produce such income. Ordinary and Necessary Expenses does not include depreciation or investment tax credits or any other business expenses that the court determines is inappropriate for determining gross income for purposes of calculating child support.
Unemployed or Underemployed: If a parent is voluntarily unemployed or underemployed, child support is calculated based on a determination of a parent's potential income except when:
A parent is physically or mentally incapacitated;
A parent is caring for a joint child under the age of 24 months for whom both parents owe a joint legal responsibility; or
A parent is incarcerated for 180 days or more.
3. Colorado Child Support Guidelines and Worksheet
Colorado has established child support guidelines, which include a Child Support Worksheet to help calculate the amount of support owed. There are two worksheets:
Worksheet A: Used when one parent has fewer than 93 overnights per year with the child(ren).
Worksheet B: Used when both parents have 93 or more overnights per year with the child(ren).
These worksheets take the combined adjusted gross income of both parents and allocate the child support responsibility proportionately, based on each parent’s share of the combined income.
4. Understanding the Child Support Formula
The child support formula in Colorado is based on a percentage of both parents' combined gross income. Here's a simplified breakdown:
Step 1: Calculate each parent’s gross monthly income.
Step 2: Determine the combined gross monthly income by adding both parents' incomes together.
Step 3: Use the Colorado Child Support Schedule to find the basic support obligation for the number of children involved.
Step 4: Allocate the basic support obligation proportionately based on each parent’s income. For example, if one parent earns 60% of the combined income, they are responsible for 60% of the basic child support amount.
Step 5: Adjust for additional expenses such as childcare, health insurance, and extraordinary medical expenses. These costs are typically added to the basic support obligation and shared in proportion to the parents' incomes.
5. Factors That Can Influence Child Support Amounts
Several factors can influence the final child support amount beyond the basic calculation:
Parenting Time: The more time a parent spends with the child, the less child support they may be required to pay. Colorado courts consider parenting time when calculating support, especially in cases of shared custody.
Extraordinary Medical Expenses: Costs related to a child’s medical needs, such as therapy, special equipment, or long-term treatments, can be factored into the support amount.
Special Needs or Education Expenses: Additional costs for special education, tutoring, or extracurricular activities may also impact the support calculation.
Income Changes: If either parent's income changes significantly, it could lead to a modification of the support amount.
6. Modifying Child Support in Colorado
Child support orders are not set in stone; they can be modified if there is a substantial and continuing change in circumstances. Common reasons for modifying child support include:
Changes in Income: If either parent’s income increases or decreases significantly.
Changes in Parenting Time: If the parenting time arrangement changes, such as one parent gaining or losing significant overnight visits.
Medical or Educational Needs: If the child’s medical or educational needs change, resulting in higher or lower costs.
To request a modification, a parent must file a motion with the court. The court will review the request, evaluate the evidence, and determine if a modification is justified.
7. Enforcing Child Support Orders
If a parent fails to pay child support as ordered, Colorado provides several enforcement mechanisms, including:
Income Withholding: Automatically deducting support payments from the non-paying parent’s wages. Parents must be enrolled with Child Support Services for this to occur.
Contempt of Court: A court can hold a parent in contempt for failing to comply with a child support order, which may result in fines, wage garnishment, or even jail time.
Interception of Tax Refunds: Federal or state tax refunds can be intercepted to cover unpaid child support.
License Suspension: The non-paying parent’s driver’s license or professional license can be suspended until the arrears are paid.
8. Colorado Child Support Calculator: How Much Will You Pay or Receive?
Determining your child support obligations or what you may receive in support can be challenging. To make this process easier, we offer a free Colorado Child Support Calculator. This tool is designed to provide a general estimate based on the Income Shares Model and Colorado's child support guidelines.
Keep in mind, however, that this calculator is intended as a general resource and should not be relied upon for legal advice. Every family's situation is unique, and various factors may influence the final amount ordered by the court. For an accurate assessment tailored to your specific circumstances, we recommend consulting with a legal expert.
9. Seek Legal Guidance for Child Support Issues
Navigating child support in Colorado can be complex, and the stakes are high when it comes to your child's welfare. It’s crucial to consult with an experienced family law attorney who understands Colorado’s child support guidelines and can help you understand your rights and obligations. Whether you need to establish, modify, or enforce a child support order, legal guidance is key to ensuring that your child's best interests are protected.
Need Help with Child Support in Colorado? Contact Us Today!
If you have questions about child support calculations or need help with your child support case, our experienced Colorado family law attorneys are here to assist you. Contact us today for a free consultation and learn how we can help you navigate this process.
By understanding Colorado child support calculations and using available resources, you can make informed decisions and ensure the best outcome for you and your child.