How Child Support is Calculated in Colorado

Navigating child support laws can be complex, and understanding how payments are determined is crucial for both parents. In Colorado, child support calculations adhere to specific guidelines designed to ensure that children receive the financial support they need from both parents, proportional to their incomes and parenting time.

The Colorado Income Shares Model

Colorado, like many other states, uses the "Income Shares Model" to calculate child support. This model is based on the principle that children should receive the same proportion of parental income they would have received if their parents lived together. The calculation involves several key factors:

Key Factors in Child Support Calculation

• Parents' Combined Adjusted Gross Monthly Income: This is the cornerstone of the calculation. It includes wages, salaries, commissions, bonuses, self-employment income, disability benefits, retirement income, and more. Certain deductions, like pre-existing child support or spousal maintenance obligations, are subtracted to arrive at an "adjusted" income for each parent.
• Number of Children: The basic support obligation increases with the number of children needing support.
• Child Care Costs: Reasonable and necessary child care expenses incurred due to a parent's employment or job search, or to attend an educational program, are added to the basic support obligation.
• Health Insurance Premiums: The cost of health insurance premiums for the children is included in the calculation.
• Extraordinary Medical Expenses: Uninsured medical expenses exceeding a certain threshold (e.g., $250 per child per year) can be added. These might include orthodontia, prescription medications, or therapy.
• Extraordinary Educational Expenses: Costs for special education or other necessary educational expenses can also be included.
• Number of Overnights (Parenting Time): This is a critical factor. The amount of time each parent spends with the children significantly impacts the final calculation. Colorado law distinguishes between "sole physical care" (one parent has fewer than 93 overnights per year) and "shared physical care" (each parent has 93 or more overnights per year). The guidelines provide different worksheets for these scenarios.

Steps to Calculate Child Support in Colorado

While the actual process involves detailed worksheets, here's a simplified overview of how the Income Shares Model works:

1. Calculate Each Parent's Gross Monthly Income: Determine all sources of income for both parents.
2. Calculate Combined Adjusted Gross Monthly Income: Sum the adjusted gross incomes of both parents.
3. Determine Basic Child Support Obligation (BCSO): Using the Colorado Child Support Guideline Schedule, locate the combined adjusted gross income and the number of children. This schedule provides a base amount considered necessary to support the children.
4. Add Other Expenses: Add the monthly child care costs and health insurance premiums for the children to the BCSO. This gives you the "Total Child Support Obligation."
5. Prorate Based on Income: Each parent's share of the Total Child Support Obligation is determined by their proportional contribution to the combined adjusted gross income. For example, if Parent A earns 60% of the combined income, they are responsible for 60% of the total obligation.
6. Adjust for Parenting Time (Overnights):
   • Sole Physical Care: If one parent has the children for fewer than 93 overnights annually, the calculation is relatively straightforward. The non-residential parent typically pays their proportional share of the obligation to the residential parent.
   • Shared Physical Care: If both parents have 93 or more overnights, a different worksheet is used. This often results in a lower overall transfer payment because both parents are contributing directly to the children's expenses during their parenting time. The basic support obligation is often multiplied by 1.5 in these cases to account for duplicated costs (e.g., maintaining two bedrooms).
7. Consider Deviations: While the guidelines are presumed to be correct, a court can "deviate" from the calculated amount if it finds that the guideline amount is unjust or inappropriate in a particular case. Reasons for deviation might include unusually high medical expenses for a parent, significant property divisions, or other unique circumstances.

What Does Child Support Cover?

Child support is intended to cover a child's basic needs, including:

• Food and groceries
• Shelter (housing costs, utilities)
• Clothing
• Transportation
• Basic educational needs (school supplies, tuition for public school)
• Ordinary medical expenses (co-pays, over-the-counter medications)

It typically does NOT automatically cover extracurricular activities, private school tuition, or college expenses, though these can be agreed upon by parents or ordered by the court separately.

Modification and Enforcement

Child support orders can be modified if there's a substantial and continuing change in circumstances, such as a significant change in either parent's income, a change in the number of overnights, or a change in the needs of the child. If child support payments are not made as ordered, the Child Support Services (CSS) unit or a private attorney can assist with enforcement actions, which may include wage garnishment, liens on property, or interception of tax refunds.

Disclaimer

The information provided here and by the calculator above is for general informational purposes only and does not constitute legal advice. Child support calculations are highly fact-specific. It is always recommended to consult with a qualified Colorado family law attorney to discuss your specific situation and ensure accurate calculations and legal compliance.