CHILD SUPPORT IN COLORADO: KNOW THE ESSENTIALS
You and your spouse might not be the perfect match anymore, but you sure did make some cool kids. This article hits on the essentials to the hot topic of (cue “dan dan daaaan” sound effect) child support. Now that you’re considering or already in the midst of divorce, it is important to understand how Colorado courts approach this issue. For starters, we bet you did not know that child support is the right of the child - not the receiving spouse’s right, turns out. Child support is all about ensuring your kids receive the financial support they are entitled to. Unfortunately, nothing about a divorce is as straight and simple as we all wish, and there is more to determining child support than one might realize (though the calculation of child support is quite straightforward).
How is Child Support Calculated in Colorado?
Colorado courts rely upon the child support guidelines laid out in C.R.S. 14-10-115. Basically, this is a statutory formula that estimates the financial support kids would receive from the family unit, as if the parents were not separated; that amount of support is then allocated to each parent in proportion to their gross income and number of overnights that parent shares with the child(ren) over the course of a year. Here’s a peek at some of the factors that play into this calculation:
Gross income of both parents
Child’s income (if they’re old enough and actually working)
Number of overnights the child spends with each parent
Significant expenses for the child, such as:
Health insurance
Daycare (work or school-related)
Private school
Braces (ouch!)
Other extraordinary medical expenses
Travel costs for parenting time
Child support is meant to cover the basics like food, clothing, and toiletries. If there are any big-ticket items (think extracurricular activities, healthcare costs, or school-related expenses), those expenses can be allocated a number of ways but are typically written into the Court’s order or the parties’ agreement separately from child support.
Do You Have to Pay Child Support if Custody is shared 50/50?
A common misconception is that if parents share custody 50/50, no one pays child support. Wrong! Child support depends on the parents’ incomes and other factors listed above. If one parent makes substantially more than the other, even with a 50/50 custody split, that parent will likely be on the hook for child support.
Can we agree to waive, eliminate, or otherwise have no child support paid?
There are situations or circumstances that warrant an agreement or order that neither parent should pay the other child support. To clarify, child support cannot be waived (it is not either parent’s right, thus you cannot waive it). However, if the parents can show the Court that, in the absence of child support, they each can provide for the child(ren)’s necessary and reasonable day-to-day living expenses.
Can You withhold Parenting Time if the other parent is behind on or is not paying Child Support?
Or, what if i fail to pay child support?
We understand the frustration, but no, you cannot keep the other parent from exercising their parenting time based on their failure to pay child support. There are other consequences that a parent may face, however, if they fail to pay child support:
Inability to claim a tax exemption for the child
Loss of the right to request an accounting of child support
Driver’s license suspension or loss of a business license
Fines or jail time
Parents seeking to enforce child support orders have options, such as holding the other parent in contempt of court or seeking a wage garnishment. An attorney can help get your child the support to which they are entitled.
P.S. Did you know that Colorado has a Family Support Registry that acts as a middleman in the paying of and receipt of child support payments. Utilizing this service is great for parents that wish to minimize contact between them or for enforcement purposes. You are not bound to use this service, however. Many parents opt in to the just receiving or sending payments directly to the other parent - it is always great to see parents amicably co-parenting in the wild.
Can the other parent change jobs to get out of paying child support?
Here is where calculating child support, or arguing a child support amount which your child is owed, can get burdensome. We hear this all the time: “they said that they will just go work at McDonald’s so they don’t have to pay”. No, your CEO spouse cannot take a pay cut to get out of their obligation to financially support their children. The Court can impute either party with their proven potential income when that party is voluntarily under or unemployed. Keep in mind that you must prove that that parent is voluntarily under or unemployed - you carry the burden of proof, we carry you…(okay, even I rolled my eyes at myself for that one).