Following a divorce or legal separation in Colorado, financial support for both children and, in some cases, a former spouse, becomes a crucial consideration. Colorado law aims to ensure financial stability for all parties, particularly minor children, through comprehensive guidelines and judicial discretion.​

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Child Support in Colorado

Child support is the financial contribution one parent makes to the other for the care and upbringing of their shared children. In Colorado, both parents have a legal obligation to support their children. The amount of child support is determined by statutory guidelines and is calculated using a specific formula.

 

How Child Support is Calculated:

Colorado uses an "income shares" model, meaning the calculation aims to determine what the parents would have spent on the children if they were still living together in an intact household. The primary factors include:

1. Parents' Gross Incomes: The gross income of both parents is the foundational element. "Gross income" includes most sources of income, such as salaries, wages, commissions, bonuses, self-employment income, and even certain benefits like Social Security or workers' compensation. If a parent is voluntarily unemployed or underemployed, the court may impute a "potential income" based on their earning capacity.

2. Number of Children: The more children, the higher the basic child support obligation.

3. Parenting Time (Overnights): The number of overnights each parent has with the children significantly impacts the calculation. There are different worksheets (Worksheet A for sole physical care and Worksheet B for shared physical care, generally when each parent has more than 92 overnights per year) that adjust the support amount based on the parenting schedule. Parents with more overnights generally have a reduced support obligation.

4. Additional Expenses: The guidelines also account for:

   • Childcare Costs: Work-related or education-related childcare expenses are typically shared proportionally between the parents.

   • Health Insurance Premiums: The cost of health insurance for the children is factored into calculations.

   • Extraordinary Medical Expenses: Unreimbursed medical, dental, or optical expenses exceeding a certain threshold are typically shared.

   • Other Extraordinary Expenses: This can include costs for special education, gifted programs, or long-distance travel for parenting time, if deemed reasonable and necessary by the court.

5. Other Deductions/Adjustments: Payments for other child support orders or spousal maintenance can affect the child support calculation.

Colorado provides a detailed Child Support Guideline worksheet, and the Colorado Judicial Branch offers online resources to help estimate child support, though a precise calculation should be done with an attorney.

 

Duration of Child Support:

In Colorado, child support typically continues until the child reaches the age of 19 or becomes emancipated. However, there are exceptions:

• High School: Support can continue past age 19 if the child is still attending high school or an equivalent program, but generally not beyond their 21st birthday.

• Disability: If a child is physically or mentally disabled and unable to become self-supporting, child support may continue indefinitely.

• Agreement: Parents can agree to extend child support beyond these statutory limits.

 

Modification of Child Support:

Child support orders can be modified if there has been a "substantial and continuing change of circumstances" that results in at least a 10% change in the calculated child support amount. Common reasons for modification include:

• A significant change in either parent's income (increase or decrease).

• A change in the parenting time schedule.

• Changes in childcare costs or health insurance premiums.

• A child's extraordinary medical needs.

 

Spousal Support (Alimony) in Colorado

Spousal support, also known as "alimony" or "spousal maintenance," is financial support paid by one spouse to the other after a divorce. Unlike child support, spousal support is not automatically awarded in every case and is determined based on a comprehensive evaluation of various factors. The purpose of maintenance is to provide financial assistance to a spouse who may be unable to meet their reasonable needs or maintain a comparable standard of living post-divorce.

 

Factors Considered for Spousal Support:

The court considers numerous factors when deciding whether to award maintenance, the amount, and its duration, including:

• Financial Resources of Each Party: This includes income, assets (both separate and marital property awarded in the divorce), and the ability of the payor spouse to meet their own needs while also paying maintenance.

• Reasonable Needs and Lifestyle: The financial needs of the spouse seeking maintenance and the lifestyle established during the marriage are key considerations.

• Income, Employment, and Employability: The court assesses each spouse's current income, their employment history, and their ability to earn income in the future, including the need for education or training to become self-sufficient.

• Duration of the Marriage: The length of the marriage is a significant factor. Colorado has advisory guidelines for maintenance based on the marriage's duration, especially for marriages of three years or more and combined gross annual incomes up to $240,000.

• Age and Health of Each Party: The physical and mental health of both spouses can impact their ability to work and support themselves.

• Contribution to the Marriage: This includes both financial and non-financial contributions, such as caring for children or maintaining the home.

• Tax Consequences: The tax implications of maintenance payments for both parties. (Note: For divorces finalized after December 31, 2018, maintenance payments are generally no longer tax-deductible for the payor and are not taxable income for the recipient under federal law.)

• Marital Agreements: Pre- and postnuptial agreements may include terms for spousal support that will be enforced by the court. 

 

Advisory Guidelines:

For marriages of at least three years and combined gross annual incomes up to $240,000, Colorado provides advisory guidelines for calculating the amount and duration of maintenance. The guideline calculation often involves a percentage of the higher earner's monthly adjusted gross income minus a percentage of the lower earner's monthly adjusted gross income. The suggested duration is typically a percentage of the length of the marriage. While these guidelines are advisory and not mandatory, judges often use them as a starting point. For higher-income cases or shorter marriages, the court has greater discretion.

 

Types and Duration of Spousal Support:

• Temporary Maintenance: Can be ordered during the divorce proceedings to help the lower-earning spouse maintain their standard of living until the divorce is finalized.

• Rehabilitative Maintenance: Awarded for a specific period to allow a spouse to acquire education, training, or experience to become self-sufficient.

• Indefinite or Permanent Maintenance: In longer marriages (e.g., 20 years or more) or where one spouse is unlikely to become self-supporting due to age, health, or other factors, maintenance may be awarded for an indefinite term.

 

Modification of Spousal Support:

Spousal support orders can be modified if there is a "continuing and substantial change in circumstances" that makes the existing order unfair. Common reasons for modification include:

• A significant change in income for either the payor or recipient.

• A job loss or significant career change.

• Serious health issues affecting earning capacity.

• The recipient's remarriage (which typically terminates maintenance automatically).

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Child and spousal support calculations and determinations can be intricate and highly dependent on individual financial circumstances. Attempting to navigate these issues without legal counsel can lead to unfavorable outcomes. An experienced Colorado family law attorney can:

• Accurately calculate child support obligations.

• Advise you on your eligibility for or obligation to pay spousal support.

• Help you gather and present necessary financial documentation.

• Negotiate fair and equitable support arrangements.

• Represent your interests in court if an agreement cannot be reached.

• Assist with modifications to existing support orders if circumstances change.

Ensuring proper financial support for your family is a critical component of any divorce or separation. Unbundled legal services provide an affordable and flexible option that provides the level of support and involvement your case needs while being more affordable than traditional representation. Learn more about unbundled services here.  

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Disclaimer: This webpage provides general informational purposes only and does not constitute legal advice. Child and spousal support determinations are highly specific to individual circumstances. It is crucial to consult with a qualified Colorado family law attorney to discuss your specific situation and understand your legal options.