For Denver families navigating a separation, establishing fair and accurate child support is a critical step toward ensuring the child’s stability and well-being. Child support in Colorado is not arbitrary; it is a legal obligation governed by specific state guidelines. At Erskine Family Law Firm, we are dedicated to ensuring these calculations are done correctly. Understanding the core elements of the formula is the first step toward peace of mind for both parents.
A Comprehensive Guide to Child Support
The Colorado Income Shares Model
Colorado utilizes the Income Shares Model (C.R.S. § 14-10-115) to calculate child support. The philosophy behind this model is that children should receive the same proportion of parental income as they would have if the parents and children were living in an intact household. The court first determines the combined financial capacity of both parents and then allocates the basic support obligation proportionally based on each parent’s share of the combined gross income.
Key Inputs for Accurate Calculation
The calculation relies on three primary factors:
Gross Monthly Income: This includes income from nearly all sources—salaries, wages, bonuses, commissions, and self-employment earnings—before taxes are deducted. Crucially, a court may use imputed income if a parent is deemed to be voluntarily underemployed or unemployed, calculating support based on their earning potential.
Number of Overnights: The number of nights the child spends with each parent per year directly impacts the calculation. The state uses different worksheets (Worksheet A or B) based on whether one parent has 92 or fewer overnights (sole physical care) or if both parents have 93 or more overnights (shared physical care).
Beyond Basic Needs: Mandatory Add-ons
In addition to the basic monthly support obligation determined by the Income Shares Model, support orders must account for mandatory "add-on" expenses. These costs are typically divided between the parents according to their proportional share of the combined income. These expenses include the children’s portion of health insurance premiums, as well as work-related childcare costs. We also help clients navigate the fair allocation of extraordinary medical or educational expenses.
Modifying an Existing Order
Circumstances change, and support payments must sometimes be modified. To request a modification, you must demonstrate a "substantial and continuing change in circumstances" that would result in at least a 10% change in the current monthly child support amount. Common triggers include a significant change in income, a major change in the cost of health insurance or childcare, or a shift in the parenting time schedule. We handle both initial determinations and modifications to ensure the order remains accurate.
Ensure Your Calculation is Correct
Child support is complex, and errors in calculating income or overnights can lead to long-term financial hardship. As your family law partners in the Denver Metro Area, Erskine Family Law Firm offers the expertise necessary to review your financial documentation meticulously.
If you need assistance with an initial support order or believe you qualify for a modification, contact us today at (303) 991-5280 for a consultation.