I commonly get asked two similar questions about the fundamentals of child support in Colorado. Those questions are: 1.) How is child support determined, and 2.) What factors will the Court consider when determining child support? Like many areas of law the answers to those questions are relatively straightforward, but also very nuanced.
This article outlines the basic answers to both those questions, but basic answers may not be that helpful as the specific circumstances of a case can have a considerable impact on the outcome. Because of that you should always discuss your case with an attorney to gain the best understanding of how the law may apply to your case in particular. You can find more information on when you may need to hire an attorney here and how to approach an initial meeting with an attorney here.
How is Child Support Determined?
Colorado Courts use a set formula which determines a guideline child support amount given particular inputs. The purpose of having a standard calculation is to establish a presumed child support figure to start with and to help ensure that similar cases throughout the state end up with relatively uniform child support orders. Given that a statutory equation determines a guideline support amount, the real question becomes what impacts the statutory calculation.
The statutory calculation takes into account three main types of information: parenting time, the incomes of each parent; certain expenses each parent pays to support the child.
Parenting Time
The parenting time aspect of the calculation is relatively straight forward and is simply the number of overnights each parent has annually. Generally speaking, a greater number of overnights with one parent corresponds with more support owed to that parent. Although, the Court is instructed to consider any specific circumstance where the number of overnights each parent has is not an accurate representation of the time spent with the child. We will get into more on that idea later on.
Income/Expenses
The income used in the calculation is the “gross” income for each parent, meaning the income before taxes and other deductions. But it is important to know that there are particular rules about what counts as “income” and what does not. For example, capital gains, bonuses, and pensions/retirement benefits generally counts as income, while income from public assistance programs and social security generally do not count as “income.” A detailed list of what does and does not count as income for the purposes of a child support calculation can be found under C.R.S. §14-10-115(5)(a)(I) and (5)(a)(II). It’s also possible for the Court to impute income to a voluntarily unemployed or underemployed parent. If the Court decides to impute a parent income then the guideline calculation would be based on the potential gross income of that parent instead of their actual gross income.
There are also specific rules about what expenses are taken into account, although they tend to be more straightforward than those regarding income. In general expenses such as child care costs, health insurance premiums, and extraordinary medical expenses are credited to the parent that pay them, and act to adjust the child support figure accordingly.
The calculation does also take into consideration certain other factors that may be applicable, such as responsibility for, or support payments made to children outside the case at hand.
You can download a free program to calculate the child support guideline in Colorado here: http://www.familylawsoftware.com/download_client_edition_co.html. Calculating the guideline child support amount, however, is just the first step. The calculated child support amount is not necessarily the amount that would be ordered, as the Court is able to deviate from the guideline support amount if it is “inequitable, unjust, or inappropriate.” This leads us to our next question: what factors beyond the calculated guideline does the Court consider when determining child support?
Factors in Determining Child Support
The guideline calculation referenced above is only a guideline, it is the starting point for the Court’s analysis, but is not necessarily what the order will be. This is because the Court has authority to deviate from the guideline amount. The statute lays out the following reasons that the Court may wish to deviate from the guideline amount:
“…where one of the parents spends substantially more time with the child than is reflected by a straight calculation of overnights, the 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 parties, the ownership by a parent of a substantial non income producing asset…”
C.R.S. §14-10-115(8)(e)
These are only some reasons that the Court may cite to deviate from the guideline amount, and the statute makes clear that the Court may consider reasons beyond those listed. In summary, any reason that makes the statutory guideline calculation unjust could be a compelling reason for the Court to deviate from that guideline.
Non-Factors
Having discussed what does factor into child support, it’s only fair that we now discuss what does not. One common questions is how the income of a new spouse factors into child support. The simple answer is that it does not. A new spouse’s income alone is irrelevant to a child support order, and has been deemed by the Colorado Supreme Court to be so irrelevant that it is not discoverable, meaning that the other party has no right to know even what a new spouse’s income is.
However, gifts made directly to a party, or the child, from a new spouse would factor into the guideline calculation and any large assets owed together with a new spouse could be used to justify deviation from the child support guideline as discussed above. So, while a new spouse’s income will not directly impact a child support order, certain circumstances may lead to additional income being included or the Court deviating from the guideline calculation.
Determining an appropriate child support amount can range from relatively straightforward to quite complex. If you have questions about your particular situation you should speak with an attorney. Please feel free to reach out to me directly at DillieLawOffice@gmail.com or (720) 507-3105.