Colorado considers a parent’s duty to support their children as a legal obligation. This obligation applies after parents divorce or between non-married parents who share a child, once paternity has been legally established for the child. In Colorado, both parents must contribute equally to their child’s financial support either through custody time, financial contributions, or both.
Unlike spousal support (alimony), where the judge has discretion as to whether or not the court awards spousal support after a divorce, child support in Colorado is an automatic obligation that follows a specific formula known as the Income Shares Model. For more information on your unique case, reach out to our child support attorney in Denver, Colorado for a free consultation.
How Does the Income Shares Model Calculate Child Support In Colorado?
Several factors go into the state’s equation for child support, beginning with the gross incomes of each parent. Calculating total gross income includes each parent’s salary or wages, and any public assistance or retirement plan income. The state adds the gross incomes of both parents together to determine the total combined gross income. Child support for one child should represent 20% of the total combined income of both parents, with a further 10% for each additional child.
Under Colorado Revised Statutes Title 14, Article 10, Section 115., the law ensures the following occurs:
- “Consistent treatment of persons in similar circumstances; and
- Improved efficiency of the court process by promoting settlements and giving courts and the parties guidance in establishing levels of awards…”
In some cases, mitigating factors apply when the court calculates child support. These may include a child’s exceptional needs or personal finances (such as inheritance), the health of each parent, and the standard of living the child enjoyed before the divorce. Additionally, if one parent’s income is so high that the state’s formula results in an unreasonably elevated amount of child support, a judge may adjust the amount accordingly.
How Does Child Custody Affect Child Support Calculations In Colorado?
Besides the total combined incomes of both parents, another important factor in calculating child support in Colorado is each parent’s share of overnight child custody days per year. The court considers the child’s best interests when making custody decisions, with the presumption that continued close contact with both parents is what’s in the child’s best interests unless the evidence produced in court shows otherwise.
When calculating child support under the income shares model, the parent with more than 273 child custody days per year is considered the parent with primary custody. The court adjusts the monthly amount of child support if a non-primary custodial parent has more than 92 custody days per year. This is because the court presumes that a parent takes care of their child’s daily expenses when the child is in their care.
Calculating Child Support In Colorado
Although the final determination of child support in Colorado depends on the outcome of a divorce settlement agreement, the family’s parenting time schedule, and a judge’s decisions, the state offers a child support calculator to assist divorcing parents in preparing for their child support obligation. Although the final order may depart from the model’s calculation, the child support calculator provides a fair estimate of what the parents can expect.