Child Support

 

Understanding Child Support in Colorado: Ensuring the Well-being of Your Children

​

Child support is a critical aspect of family law that aims to ensure the financial well-being of children whose parents are divorced, separated, or unmarried. In Colorado, child support laws are in place to provide for the needs of children and establish a fair and consistent framework for financial contributions from both parents. In this article, we will explore the details of child support in Colorado, including its purpose, calculation methods, enforcement, and the importance of seeking legal guidance to navigate this complex process effectively.

​

Purpose and Importance of Child Support

 

The primary purpose of child support is to prioritize the best interests of the child, ensuring that they receive adequate financial support from both parents to meet their essential needs. The financial contributions help cover expenses such as food, housing, clothing, education, healthcare, and extracurricular activities. Child support also aims to promote stability and provide a consistent standard of living for the child, even after the parents' relationship has changed.

​

Child Support Calculation in Colorado - C.R.S. § 14-10-115

​

How much is child support in Colorado is determined using the "Income Shares Model." The Income Shares Model is based on the concept that the child should receive the same proportion of parental income that he or she would have received if the parents lived together. The Income Shares Model considers several factors, including:

​

1. Gross Income of Both Parents: The court considers the gross income of both parents before taxes, including wages, salaries, bonuses, commissions, and other sources of income.

2. Parenting Time: The number of overnight stays each parent has with the child affects the child support calculation. The more overnight parenting time a parent spends with the child, the lower (or higher) their child support obligation may be.

3. Childcare Expenses: Childcare costs for daycare are taken into account when calculating child support. 

4. Medical Expenses: health insurance premiums, and extraordinary medical expenses are taken into account when calculating child support. 

5. Other Children: If a parent has financial obligations to support other non-joint children from a previous relationship, it may affect the child support calculation.

​

Modifying Child Support Orders

​

Child support orders are established as part of divorce or allocation of parental responsibilities proceeding. The court determines the appropriate amount based on the relevant factors mentioned above. However, circumstances can change over time, and modifications to child support orders may be necessary. Examples of significant changes include changes in income +/- 10%, healthcare expenses, or parenting time arrangements. It is essential to consult with a family law attorney to navigate the legal process for establishing or modifying child support orders effectively.

 

Enforcement of Child Support Orders

​

Enforcing child support orders is crucial to ensure that children receive the financial support they deserve. In Colorado, various enforcement mechanisms are in place, including wage garnishment, intercepting tax refunds, suspending driver's licenses, and placing liens on property. Failure to comply with child support orders can result in legal consequences, including fines, contempt charges, and even imprisonment.

​

Child support plays a vital role in securing the well-being and future of children in Colorado. It is a legal obligation designed to ensure that both parents contribute financially to their child's upbringing. Understanding the purpose, calculation methods, enforcement, and modification processes of child support is crucial for parents navigating the complexities of family law. If you are facing child support issues, consult with a reputable Denver child support lawyer to protect your rights and ensure the best interests of your child are upheld.

​

How Far Back Can Child Support Be Claimed

 

The answer to how far back child support can be claimed depends on whether this is the first time you’re seeking to establish child support or if you’re modifying an existing child support order. For more information, check out our article on How Far Back Can Child Support Be Claimed.

​

Where is Child Support on Tax Return

​

In Colorado, child support payments are neither tax-deductible for the payer nor taxable income for the recipient, and while child support itself doesn't directly impact tax returns, custodial parents may benefit from tax credits and deductions related to dependents, such as the Child Tax Credit and potential eligibility for the Head of Household filing status.

When Does Child Support End in Colorado

​

In Colorado, child support typically ends when the child reaches the age of 19. However, there are certain circumstances that can alter this general rule. If the child is still in high school at the age of 19 and is expected to graduate before turning 21, child support may continue until their graduation or until they turn 21, whichever occurs earlier. Additionally, child support can terminate earlier than the age of 19 if the child becomes emancipated, marries, or joins the military. It is essential to understand that each case is unique, and the court may consider other factors that could impact the termination of child support. It is advisable for parents involved in child support matters to seek legal advice and guidance from a family law attorney to ensure a clear understanding of their specific situation and rights under Colorado law.