How Much is Child Support in Colorado?
Colorado courts use an Income Share Model to calculate child support payments. This model calculates the amount of money that would have been spent on the child had the marriage continued. It then splits this amount between the parents according to their respective incomes.
Here is an overview of how child support is calculated in Colorado:
- Income of Parents: The primary factor in calculating child support is the income of both parents. This includes wages, salaries, bonuses, commissions, pension income, rental income, and other sources of income. Each parent's gross income is considered.
- Adjustments to Income: Certain adjustments may be made to each parent's gross income before calculating child support. These adjustments may include deductions for mandatory retirement contributions, health insurance premiums, and child support paid for other children from a different relationship.
- Parenting Time: The number of overnights each parent has with the child is a significant factor in the child support calculation. The more time a parent spends with the child, the lower their child support obligation may be.
- Basic Child Support Obligation: Once the parents' income and the parenting time arrangement are determined, the primary child support obligation is calculated using a formula outlined in the Colorado Child Support Guidelines. This formula considers both parents' combined income and the number of children requiring support.
- Additional Expenses: Besides the primary child support obligation, parents may be required to contribute to additional expenses, such as child care costs, health care expenses, and educational expenses.
- Deviation Factors: In some cases, the court may deviate from the calculated child support amount if certain factors are present. These factors may include either parent's high income, extraordinary expenses for the child, or other relevant circumstances.
The process for calculating child support payments is long and somewhat complex. It involves calculating your adjusted gross income, considering factors different from your taxable adjusted gross income.
Courts then apply your AGI to a Basic Child Support Worksheet, and you will be required to pay that amount until your child is 18 and out of high school or 19 and a full-time high school student. The process can be helped by an attorney who knows how child support is calculated and what an AGI entails in this case.
Understanding Colorado Child Support Procedures
Many parents are unsure how a child support case actually moves through the legal system, from the first filing to a final order. When you understand the basic steps and what to expect at each stage, it becomes easier to prepare, gather the right documents, and decide when it may be helpful to work closely with a child support lawyer Denver parents turn to for guidance.
Most cases begin when one parent files a petition or motion asking the court to establish, enforce, or modify child support. After that filing, both parents are usually required to exchange financial disclosures, including pay stubs, tax returns, and information about health insurance and childcare costs. The court may then use that information, along with each parent’s parenting time schedule, to determine a proposed support amount. If you and the other parent cannot agree, a magistrate or judge may hold a hearing where each side can explain their position before the court issues an order.
Even after the court enters a child support order, there are procedures to address problems that come up later. If payments fall behind, you may need to seek enforcement through income withholding, contempt proceedings, or other remedies available under Colorado law. When a substantial and continuing change in circumstances occurs, such as a job loss, significant promotion, or a major change in parenting time, you can ask the court to modify the existing order. Parents often find that working with a knowledgeable attorney helps them navigate these procedures while staying focused on their children’s needs.
How The Harris Law Firm Can Help in Denver
Our family law attorneys believe every child should be supported by their parent, but we also know that an unfair agreement can put an unjust financial strain on a child support payee. A good child support agreement is crucial to the financial and emotional health of the family—our experienced divorce lawyers know how to find mutually beneficial solutions for our clients in Denver, Colorado Springs, and beyond, ensuring that their children are supported.
Here are several reasons why you should hire our firm:
- Legal Guidance: The Harris Law Firm's team of skilled attorneys focuses on family law, including child support matters. We have in-depth knowledge of Colorado's child support laws, guidelines, and procedures. We can interpret these laws and guidelines to help ensure your child support order is fair and appropriate based on your unique circumstances.
- Negotiation Skills: Child support matters often involve negotiation between the parties involved, including parents and their attorneys. Our experienced negotiators at The Harris Law Firm can advocate on your behalf, striving to reach a favorable outcome that meets your needs and your child's best interests.
- Court Representation: Legal representation is essential if negotiations fail to reach a resolution or litigation becomes necessary. Our attorneys at The Harris Law Firm are prepared to represent you in court, presenting your case effectively and advocating for your rights and interests before the judge.
- Complex Cases: Child support matters can become complex, especially in cases involving high income, shared custody arrangements, or other unique circumstances. Our team at The Harris Law Firm has the experience to handle complex child support cases, helping ensure that all relevant factors are considered in determining child support obligations.
- Avoid Mistakes: Without proper legal guidance, individuals may make mistakes that could seriously affect their child support case. Hiring a lawyer from The Harris Law Firm can help you avoid costly errors and ensure all necessary steps are taken to protect your rights and interests.
- Enforcement and Modification: If you already have a child support order in place, but circumstances have changed, such as a change in income or custody arrangement, you may need to seek modification of the order. Our attorneys can assist you in seeking modification or enforcement of child support orders as needed.
Contact The Harris Law Firm by calling (303) 622-5502 today to schedule a meeting with our child support lawyer in Denver!
FREQUENTLY ASKED QUESTIONS ABOUT CHILD SUPPORT
When can I modify child support?
- In Colorado, if you would like to modify the amount of child support you pay or receive, you must show that there has been a "substantial and continuing change in circumstances" which results in the amount of child support owed changing by 10%. Common types of substantial and continuing changes in circumstances include changes in income (e.g., a job loss, reduction in hours, promotion, or increase in income), changes in the child's needs (e.g., increased medical expenses or educational costs), changes in custody or parental time (e.g., if one parent now has primary custody or if the parenting time schedule significantly changes, it could lead to a modification of child support), changes in expenses (e.g., childcare costs or healthcare expenses), the emancipation of a child, relocation, as well as disability or medical condition.
When does child support end?
- Child support in Colorado ends when the child turns 19, or is otherwise emancipated from their parents. Emancipation can also occur if your child joined the military, got married, or several other ways.
Can I monitor the use of child support?
- Colorado does not require a parent to prove how the child support payments were spent. This is because child support reflects the reasonable needs of the minor child, such as food, shelter, and clothing, and likely the parent's ability to support them.
If you are paying child support, do you also pay extraordinary expenses?
- In Colorado, child support does not cover extraordinary and extracurricular expenses for your children such as uninsured medical costs, school expenses, vehicle expenses and insurance, and many more.
Is child support automatically terminated if the child turns 19 or is emancipated from their parents?
- In Colorado, child support is not automatically terminated. You must prepare and file a motion with the court that issued the original child support order. Serve a copy of the motion and any supporting documents to the other parent or their attorney. Depending on the circumstances and whether the other parent contests the motion, a hearing may be scheduled. Attend the hearing and present your case to the judge. If the judge approves your request to terminate child support, they will issue a court order reflecting the termination of the child support obligation.
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