Fort Collins Child Support Lawyer

How Does the Court Determine Child Support in Colorado?

Colorado has guidelines that determine child support awards. The guidelines are used to determine the cost to raise the child had the parents not separated. The formula is based on:

• each party’s gross income,
• the number of children,
• and the number of overnights.

It also factors in health insurance premiums, tax breaks, childcare costs, and other expenses. Most often, the court orders the amount calculated through the guidelines.

What is a Childcare Adjustment?

Childcare costs are added to the basic obligation. Net childcare costs (the cost of childcare after the federal tax credit) are divided between the parents if the childcare is necessary because of employment, job search, or education. The childcare costs must be reasonable, meaning that they cannot exceed what a licensed professional would charge to give quality care.

What are Considered Extraordinary Medical Expenses?

Extraordinary medical expenses are also added to the basic obligation. Extraordinary medical expenses are payments over health care premiums that not covered by health insurance. The statute defines an “extraordinary” expense as any medical expense of over $250 per child. These expenses are divided proportionally between the parties based on their incomes.

How Do they Calculate Child support in Colorado?

The amount of child support you pay depends solely on the amount of children you have. To determine this, calculate your gross income by 20% for one child, and then 10% for each additional one. Gross income should not include things such as public assistance or retirement plans.

When Can Courts Deviate from Child Support Guidelines?

The court may deviate from the guidelines if the award would be inequitable, unjust, or inappropriate. This does not normally occur.

The court might deviate from the guidelines if:

• The parent or their current spouse requires extraordinary medical care
• There is a gross disparity in income between the parties
• One parent has substantial income from a second job
• A parent has significantly more parenting time than is being reflected in the overnight calculation

How Can Child Support Payments Be Used?

Child support is not a payment to the other parent. Instead, the recipient is supposed to use child support on childcare expenses, such as:

That said, the payor cannot force the recipient to use the child support payments on any specific item or even on childcare in general. This can be frustrating for the person paying child support.

The law presumes that child support will be spent on childcare and does not provide any means of enforcing that the recipient uses it in a particular manner. The statute does contain a provision that states that the court may refer the parties to a mediator if the noncustodial parent claims the child support is not being spent on childcare.

Steps to Take When a Parent Fails to Pay Child Support

Child support is entirely independent of visitation rights. You cannot take matters into your own hands and refuse visitation, even if your former spouse is refusing to pay child support. If you do so, you will be in violation of the court’s custody order. Instead, visitation is a matter you should discuss with your child support lawyer.

This is not to say that a person will not face penalties if they fall behind on child support payments.

In Colorado, child support payment can be enforced with: