The following is a summary of Colorado child support laws, and is by no means intended to be an all-inclusive description of what to expect in your particular case. In some cases, the exact text of the statute may have been simplified and/or modified to provide for easier understanding. For a more specific understanding of the laws, you should consult the full Colorado Code and/or consult with an attorney about how the law might apply to your particular situation.
Child Support Guidelines.
The court may order either or both parents to pay an amount reasonable or necessary for the child’s support, without regard to marital misconduct, after considering all relevant factors 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 educational needs; and
- The financial resources and needs of the noncustodial parent.
The basic child support obligation is determined using a schedule. The basic child support obligation is then divided between the parents in proportion to their adjusted gross incomes.
Expenses in Addition to Basic Child Support Obligation.
By agreement of the parties or by order of court, the following reasonable and necessary expenses incurred on behalf of the child shall be divided between the parents in proportion to their adjusted gross income:
- Any expenses for attending any special or private elementary or secondary schools to meet the particular educational needs of the child;
- Any expenses for transportation of the child, or the child and an accompanying parent if the child is less than twelve years of age, between the homes of the parents.
Health Insurance.
The court shall also order either or both parents to provide medical and/or dental insurance coverage for the children through currently effective policies held by the parent(s), to purchase such insurance for the children, or to provide the children with current and future medical needs through some other manner. The payment of a premium to provide health insurance coverage on behalf of the children shall be added to the basic child support obligation and divided between the parents in proportion to their adjusted gross income.
Any extraordinary medical expenses incurred on behalf of the children shall be added to the basic child support obligation and shall be divided between the parents in proportion to their adjusted gross incomes. Extraordinary medical expenses are uninsured expenses, including co-payments and deductible amounts, in excess of $250 per child per year. At the discretion of the court, professional counseling or psychiatric therapy for diagnosed mental disorders may also be considered as an extraordinary medical expense.
Adjusted Gross Income Determination.
Child support is based on a schedule, by determining each parent’s adjusted gross income. “Gross income” includes income from any source, including alimony received. However, gross income does not include child support payments received or benefits from public assistance programs.
If a parent is voluntarily unemployed or underemployed, child support shall be calculated based on a determination of potential income; except that a determination of potential income shall not be made for a parent who is physically or mentally incapacitated or is caring for a child under the age of 30 months for whom the parents owe a joint legal responsibility.
For the purposes of this section, a parent shall not be deemed “underemployed” if:
- The employment is temporary and is reasonably intended to result in higher income within the foreseeable future; or
- The employment is a good faith career choice which is not intended to deprive a child of support and does not unreasonably reduce the support available to a child; or
- The parent is enrolled in an educational program which is reasonably intended to result in a degree or certification within a reasonable period of time and which will result in a higher income, so long as the educational program is a good faith career choice which is not intended to deprive the child of support and which does not unreasonably reduce the support available to a child.
To determine adjusted gross income, the amount of child support actually paid by a parent with an order for support of other children, as well as alimony actually paid by a parent, shall be deducted from that parent’s gross income.
Adjustments to Child Support Guidelines Due to Shared or Split Physical Care.
The basic child support obligation can be adjusted under the guidelines when the parents have shared or split physical custody of the child(ren).
“Shared physical care” means that each parent keeps the children overnight for more than 92 overnights each year and that both parents contribute to the expenses of the children in addition to the payment of child support.
“Split physical care” means that each parent has physical care of at least one of the children by means of that child or children residing with that parent the majority of the time.
Minimum Child Support Obligation.
The minimum amount of child support per month is $50, unless each parent keeps the children more than 92 overnights each year.
Deviation from Child Support Guidelines.
The child support guideline shall be used as a rebuttable presumption for the establishment or modification of the amount of child support. Courts may deviate from the guideline where its application would be inequitable, unjust, or inappropriate. These reasons may include, but are not limited to, the following:
- Extraordinary medical expenses incurred for treatment of either parent or a current spouse,
- Extraordinary costs associated with parenting time,
- The gross disparity in income between the parents,
- The ownership by a parent of a substantial nonincome producing asset,
- Consistent overtime not considered in gross income under the guidelines, or
- Income from employment that is in addition to a full-time job or that results in the employment of the obligor more than 40 hours per week or more than what would otherwise be considered to be full-time employment.
Termination of Child Support.
For child support orders entered on or after July 1, 1997, unless a court finds that a child is otherwise emancipated, emancipation occurs and child support terminates when the child attains 19 years old, unless one or more of the following conditions exist:
- The parties agree otherwise in a written stipulation after July 1, 1997.
- If the child is mentally or physically disabled, the court or the delegate child support enforcement unit may order child support, including payments for medical expenses or insurance or both, to continue beyond the age of 19.
- If the child is still in high school or an equivalent program, support continues until the end of the month following graduation. A child who ceases to attend high school prior to graduation and later reenrolls is entitled to support upon reenrollment and until the end of the month following graduation, but not beyond age 21.
Parties can agree to continue child support beyond the age of 19, or to provide for postsecondary education expenses for a child.
Immediate Income Withholding.
The court shall issue an immediate order for income withholding when ordering child support in all cases except any case in which:
- One of the parties demonstrates, and the court or the delegate child support enforcement unit finds in writing, that there is good cause not to require immediate activation of an income assignment. “Good cause” means the following: There is a written determination and explanation by the court or delegate child support enforcement unit stating why implementing immediate activation of an income assignment would not be in the best interests of the child; and the obligor has signed a written agreement to keep the delegate child support enforcement unit, the obligee, or the obligee’s representative informed of the obligor’s current employer and information on any health insurance coverage to which the obligor has access; and proof is provided that the obligor made timely payments without the necessity of income assignment in previously ordered child support obligations.
- A written agreement is reached between both parties that provides for an alternative arrangement. The delegate child support enforcement unit shall be considered a party in all cases in which the custodian of a child is receiving support enforcement services from a delegate child support enforcement unit, and as such is required to consent to the alternative written agreement.
-From 14-10-115 of the Colorado Revised Statutes.
Colorado Child Support Enforcement
Colorado Child Support Calculator
This information has been summarized from the Colorado statutes. You can find the full-text version of these and other Colorado divorce statutes online here: Colorado Divorce Laws.
LEARN MORE ABOUT GENERAL CHILD SUPPORT LAWS.
GO TO ANOTHER DIVORCE ARTICLE.
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