Understanding Child Support in Colorado Divorce Cases

When navigating a divorce in Colorado, one of the most critical considerations for parents is the issue of child support. This financial obligation is essential in ensuring that the needs of children are met, even after parents have separated. Understanding how child support works in Colorado can help you better prepare for the financial aspects of your divorce.

In Colorado, child support is determined using guidelines set forth by the Colorado Child Support Guidelines. These guidelines aim to provide a fair and consistent approach to calculating child support based on each parent’s income, the number of children involved, and the amount of time the child spends with each parent. The goal is to ensure that children receive the financial support they need to maintain a standard of living that is as close as possible to what they would have enjoyed if their parents had remained together.

Calculation of Child Support

The calculation of child support in Colorado typically involves an “income shares” model, which looks at the combined net income of both parents. The guidelines take into account not just the income of the non-custodial parent, who typically pays support, but also the income of the custodial parent. Key factors that influence the amount of child support include:

1. Parents’ Income: Both parents’ gross incomes are considered, along with deductions for taxes, health insurance, and other necessary expenses. This information helps determine each parent’s net income for calculation purposes.

2. Overnight Parenting Time: The number of nights a child spends with each parent significantly impacts the calculation. The more overnight stays a parent has, the less that parent may need to contribute in child support, as they are incurring more direct costs associated with that parenting time.

3. Additional Expenses: The court also considers additional child-related expenses, such as health insurance premiums, child care costs, and extraordinary expenses related to the child, which can also be factored into the support obligation.

Child support obligations in Colorado typically last until the child reaches 19 years of age, but there are exceptions. For instance, if a child is still attending high school at 19, support may continue until they graduate. Additionally, support obligations may continue longer if the child has special needs or disabilities.

Modification of Child Support

Circumstances can change after a divorce, prompting one or both parents to seek a modification of the child support order. In Colorado, either parent can request a modification if they can prove there’s been a substantial and continuing change in circumstances. This could include job loss, a significant increase in income, changes in the child’s needs, or anything else that would impact the support calculation.

Enforcement of Child Support

Enforcement mechanisms are in place to ensure that child support payments are made. If a parent fails to make their required payments, the receiving parent can take several actions to enforce the order, including:

• Wage Garnishment: The state can directly garnish the wages of the non-paying parent to collect overdue child support.

• Tax Refund Interception: The state may intercept tax refunds to recover unpaid support.

• License Suspension: In some cases, the state can suspend professional or driver’s licenses until support obligations are met.

• Contempt of Court: If significant failures to meet support obligations occur, the receiving parent can bring the case to court, where the non-paying parent may face penalties, including fines or even jail time.

In conclusion, child support in Colorado divorce cases is designed to prioritize the financial well-being of children. By understanding the calculations, payment durations, and potential modifications or enforcement actions, parents can navigate this essential aspect of divorce with more confidence and clarity. If you’re facing a divorce and have children, consulting with a legal professional can provide tailored guidance to help ensure that your children’s needs are adequately addressed.