How is Child Support Calculated in Colorado?

By far one of the most frequent questions I was asked as a paralegal was: how much child support can I expect to pay/receive?

In Colorado there is not much deviation from a basic calculation. There are ways to negotiate this amount, but they must be compelling enough for the Court to sign off on. Generally, certain numbers are put into a calculator and a number comes out. But what numbers are used? Let's explore.

Overnights. This is where some parties and/or their attorneys will try to skew support obligations the most because this is one of the most pliable numbers used in the calculation. Overnight parenting time calculation means just that: overnights. This is not calculated based on hours or time spent with the child(ren). In other words, if one party works full-time and the other party provides childcare while that party is at work for the children, but their parenting time schedule is fifty-fifty, the overnights allocated for the calculation of child support would be 182.5 overnights for each party. We will tackle potential parenting time schedules in another post, but for these purposes know that the amount of overnights each party spends with the child(ren) will be taken into account.

Income of the Parties. This is another section that may or may not be straight-forward in a child support calculation. In most cases when one or both parties are W-2 employees (i.e. they are paid by an employer on an hourly or salaried basis), this is simply entered in as a monthly average for each and that is that. Things are more complicated, of course, if one or both parties are self-employed or contract employees. For these instances, the most common way that this is factored is by taking an average of three years' income. This can be done in several formats that we will cover in another post. Similarly, if one or both parties believe the other party to be intentionally deflating their income, this can be dealt with in several avenues that may include a vocational evaluator or be part of a business valuation calculation. Further, there may be other sources of income to consider such as rental income or income-generating stocks or investment accounts. Generally speaking, any work outside a forty-hour income is not used in a calculation. For example, if someone is a teacher but also delivers DoorDash on the weekends, the latter is not including in an income calculation.

Number of Children. The number of children included in the calculation will be the child or children born or adopted of the parties up to nineteen-years-old. This is the age of minority in Colorado for the purposes of child support calculation. There are some exceptions, for example if one or more children have debilitating disabilities that will require care beyond nineteen-years-old. Another part of this calculation that factors in is if one or both parties have children that are not a part of the case. For example, in a blended family, one or more parties may have a child or children born prior to or outside of this relationship. This will show up as a credit or credits for one or both parties depending on the circumstances.

Expenses (Insurance, childcare, extraordinary, etc.). There are some deductions that can be inserted as a credit to one party or the other for the calculation of child support. One deduction is if one party pays for or has deducted from their check health insurance premiums. That person will be given a credit for the children's portion of the health insurance premium. This will be based on a document from the person's employer that outlines the cost for the insurance for the employee; employee + spouse; or employee + spouse + family. Another deduction is if one party pays for the child or children's childcare expenses. This can also include payments to babysitters or family members that are paid for watching a child or children. However, it is imperative that some kind of accounting be available to demonstrate what this amount is. If payments are made in cash without receipt, this deduction can be tricky. Lastly, if the child or children have ongoing extraordinary expenses such as braces, physical therapy, occupational therapy, mental health therapy, medications, eyeglasses or contacts, private school tuition, etc., then these expenses can be averaged out and included in the calculation as well. However, you will want to consult with an attorney on this if there is any dispute or question about whether or not an expense is considered extraordinary or not.

Maintenance Awarded. If one party is awarded maintenance, which is what Colorado calls alimony or spousal support, then that gets included in the child support calculation as a deduction for the payor and as income for the payee. This can modify the amount of child support awarded from one party to another.

The most important thing to remember with child support is that this is a support amount awarded for the benefit of the child or children. The person ordered to pay the support does not receive and is not entitled to an accounting of what the moneys are used for. Not paying child support is an offense that is subject to consequences that can range from wage garnishment to imprisonment and should be taken seriously. The calculations for child support, though there are some grey areas, are largely black and white. If you would like more information on child support calculation, or to use Colorado's free child support calculator program, click here.