Family Law, Divorce, Custody and Child Support Attorneys in Denver, Colorado

The Calculation

In our state, each parent has the legal obligation to provide financial support for their children until a child reaches the age of 19 or becomes emancipated by marriage, joins the military, or becomes self-supporting. Colorado courts no longer have the ability to order support for college expenses unless the parties agree.

When parents divorce or are unmarried the parent who does not live with their child can be ordered to pay child support. Support regardless of whether the child lives with the other parent or with a third party.

Colorado courts use a complex formula for the determination of child support obligations. Courts may make adjustments to the amounts the state guidelines indicate; however, most courts tend to closely follow the guidelines establish unless there is a compelling reason for a variation.

There are many factors which are considered by the support guidelines, including medical and dental insurance coverage, special medical needs, child care expenses, and support for other children. Two factors which the court will always consider are the respective gross incomes of the parties and the number of overnight visits. These two factors can weigh heavily in the calculation.

The term “gross income” for the purposes of determining child support in Colorado can be deceptively simple. Many forms of income which you might not otherwise use to show how much you make per year, can be re-added into this calculation to increase a support obligation.

For example, the fact a parent may be receiving welfare payments or may be unemployed and without income does not, necessarily, mean they can use “0″ for their income. A court may impute income to that parents based on a variety of factors including previous work history.

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