Boulder Child Support Lawyers 

How Is Child Support Calculated in Colorado?

In Colorado, child support is determined using the Income Shares Model. This model is based on the idea that children should receive the same proportion of parental income they would have received if the parents were still living together. Colorado courts also use a formula to calculate the appropriate child support amount, considering a variety of factors that can influence the final obligation.

Here’s a closer look at how child support is calculated in Colorado:

1. Parental Income: The primary factor in determining child support is the combined gross income of both parents. This includes wages, salaries, commissions, bonuses, investment income, pension payments, and other forms of income. Both parents' income is considered in proportion to their earning capacity and financial situation.
2. Adjustments to Income: Before the child support calculation is finalized, certain adjustments may be made to each parent's gross income. These adjustments can include deductions for health insurance premiums paid for the child, mandatory retirement contributions, or child support payments made for other children from a different relationship.
3. Parenting Time: The amount of time each parent spends with the child is a critical factor in the calculation. Parenting time, specifically the number of overnights the child spends with each parent, can influence the child support obligation. Generally, the more time a parent spends with the child, the lower their child support payment may be.
4. Basic Child Support Obligation: Once the parents' combined gross income and the parenting time schedule are established, Colorado’s child support guidelines are used to determine the basic child support obligation. This calculation uses a standard formula that considers both parents' income and the number of children involved.
5. Additional Expenses: In addition to the basic child support obligation, parents may be required to share additional costs related to raising the child. These can include childcare, extraordinary medical expenses, health insurance, and educational needs. These costs are typically divided proportionally based on each parent’s income.
6. Deviation from Guidelines: While Colorado follows strict guidelines for calculating child support, there are situations where the court may deviate from the standard calculation. Deviation factors might include one parent’s unusually high income, extraordinary expenses related to the child’s needs, or other special circumstances that justify a different support amount.
7. Application of Adjusted Gross Income (AGI): Colorado courts apply the adjusted gross income (AGI) of both parents to a Basic Child Support Worksheet. The AGI is not the same as taxable income but considers specific adjustments that affect the parents' ability to pay. This AGI calculation is critical in determining how much support is paid.

Can I Modify Child Support Payments?

Yes, child support payments in Colorado can be modified if a substantial change in circumstances has occurred – particularly if they impact a parent’s ability to pay or the child’s needs. Some examples include:

1. Significant Income Changes: A substantial increase or decrease in either parent’s income, such as a new job, job loss, or significant raise, can lead to child support modification. The change must typically be significant enough to affect the existing support amount by at least 10%.
2. Changes in Parenting Time: If the parenting time schedule changes significantly, such as one parent gaining or losing a substantial amount of time with the child, this can impact the financial responsibilities and may result in a child support adjustment.
3. Child's Evolving Needs: As children grow, their needs change. Increased costs for education, extracurricular activities, or healthcare can prompt a modification request to ensure the child’s new financial needs are met.
4. Health Insurance or Medical Expense Changes: Changes in the availability or cost of health insurance, as well as any new or increased medical expenses for the child, can also justify modifying a support order to account for these added costs.
5. Parental Relocation: If one parent moves a considerable distance away, impacting the logistics and expenses of shared parenting, this change may lead to a reassessment of the child support order.

To pursue a modification, you will need to demonstrate that the change is substantial and ongoing. At The Harris Law Firm, our attorneys can assist you in seeking a modification that reflects your current financial situation and continues to meet your child’s needs.

What Age Do You Stop Paying Child Support in Colorado?

Child support is a crucial obligation meant to ensure the well-being and financial security of children whose parents have been divorced or separated. However, it’s not an obligation that is legally enforced for life.

In Colorado, as in many other states, child support will typically continue until a child reaches a certain age or milestone. For example:

• Age of Majority: The most common reason for child support termination is when a child turns 19 years old. At this age, a person is deemed to be an adult capable of self-support. 
• Exceptions: There may be situations when a child turning 19 does not automatically terminate a non-custodial parent’s support obligation. This can happen when a child turns 19 but is still enrolled in high school, or when a child has a disability or special needs. 

Under Colorado law, there are also various ways that child support payments can end before a child turns 19. Some examples include:

• A child marrying before they turn 19
• A child entering active military duty
• A child becoming legally emancipated
• A parent terminating their parental rights
• A child being adopted

Do I Need a Lawyer to Help with My Child Support Case?

The law doesn’t require you to have a lawyer when attempting to resolve matters of child support in family court, but the benefits of legal help are simply invaluable. These are matters handled in venues and with procedures unfamiliar to many folks, which is why guidance can be so crucial. They’re also matters of great consequence, as they can impact the lives of children and parents for years to come. In matters as important as these, having the help of a legal professional is one of the best ways to protect one’s rights and the best interests of the child. 

Of course, our firm understands that while many people understand the value of working with a lawyer, not all are sure about paying for one. Fortunately, our firm is keenly aware of clients’ needs when it comes to controlling costs in divorce and stand-alone family law cases. It’s why we’re committed to providing options that enable clients to control costs in their cases. 

Some examples of the options we provide include:

• Traditional representation of an attorney
• Medication services
• Our LawYourWay℠ program, which offers unbundled legal services to Pro Se (self-represented) litigants
• Representation from our Licensed Legal Paraprofessionals, who are licensed by the State of Colorado to represent litigants in matters pertaining to child support and divorce.

We’re available to discuss our services and the options that may be available to you during an initial consultation. 

Colorado Child Support Guidelines

Colorado’s Child Support Guidelines are designed to provide a structured approach for calculating child support, ensuring that children receive the financial support they need after their parents separate. These guidelines rely on a formula that estimates what the family would have spent on the child's care if the parents had remained together.

Key factors considered in the support calculation include:

• The gross income of both parents
• The number of overnights the child spends with each parent
• Any income the child may have
• Significant expenses specific to the child, such as health insurance, childcare costs, private school tuition, extraordinary medical expenses (including orthodontia), travel expenses for parenting time, etc. 

While Colorado courts generally follow these guidelines closely, a judge may deviate from the calculated support amount in special circumstances. However, deviations are uncommon and typically require a compelling reason.

Call to Request a Consultation: (303) 351-5855

The Harris Law Firm has grown into one of Colorado’s largest family law firms because of our caring and compassioanate approach to helping clients – especially when their matters concern children. If you have questions about our team and how we can put our 250+ years of collective experience to work for you, we’re ready to help. 

Our Boulder child support attorneys offer confidential consultations to help prospective clients learn more about us, our services, and how we can help with their cases. Call (303) 351-5855 or contact us online to request yours.