A lot of people are confused about the nature of child support, and how and when it is subject to modification. The following is a primer on the child support law in Colorado.

Theory

Child support is the right of the child to be adequately supported by both parents, according to the financial circumstances of the parents. The theory is that a child should have a similar lifestyle as if the parents’ separation never occurred. Child support should help prevent a child from having one lifestyle when residing or spending time with one parent, and a substantially different lifestyle when with the other parent. 

How is child support calculated In COLORADO? 

Courts will run a child support worksheet using the statutory formula, and will only deviate from the formula if doing so would be in the “best interest” of the child. 

No matter where you live in Colorado, whether that be in Denver or Boulder or Fort Collins, child support is calculated based on each parent’s gross income from almost any source (including un-guaranteed bonuses/commissions, and possibly a parent’s “potential income” if that parent is not working to full capacity) considered alongside the amount of overnights each parent will be caring for a child annually (a proxy for how much money a parent will spend caring for a child). 

The formula is adjusted by out-of-pocket expenses a parent may be making toward health insurance or other known costs. If financial or other circumstances result in one parent shifting money to the other in order that the child be financially supported as closely as possible to circumstances if the parents separation did not occur, an enforceable child support order is entered by the court. 

Child support also includes an ongoing obligation to share in “extraordinary” expenses that come up from time to time, such as uncovered medical costs, education-related expenses (up through high school only), necessary travel for parenting time, and extracurricular activities. The default manner in which these costs are shared by the parents is in proportion to their combined gross incomes.

According to this study, Colorado is in the bottom 20% of all states (ranking #41 out of 50) in terms of child support levels, meaning many states use a calculation method that, assuming similar financial circumstances, parents owe a greater duty of financial support in favor of the child.

How long does child support last? 

Child support terminates automatically when a child reaches the age of nineteen, unless the parties agree otherwise, the child is mentally or physically disabled, the child is still in high school or an equivalent program (up to age twenty-one), the child marries, the child enters into active military duty, or if the child has been legally emancipated earlier. 

If a court order governs support for multiple children, then the emancipation of one of the children won't automatically terminate the overall child support order. In this instance, one or both parties must take action to seek modification of the support order.

How is child support modified? 

Up until termination, child support is modifiable at any time there is an ongoing and substantial change of circumstances (with the threshold being a change that gives rise to a 10% change in the calculated support amount).

In many cases, there's no easy way to know if circumstances have substantially changed. Parents who are separated don't have oversight over each other’s financial situation. Absent special agreement, the only way a parent can obtain data about the financial circumstances of the other parent, is by filing a motion with the court, triggering a mandatory disclosure of financial information between the parties. Sometimes motions are filed based on a remark by a child about one parent’s new car or recent spending habits. 

Because filing motions to obtain information is a burdensome process, many parents agree on, or the court will order, a mandatory financial exchange of certain income documentation each year, often right after the deadline to file a federal income tax return. This way, each side can depend on receiving the data needed to determine if recalculation is warranted. The support calculation is straightforward, although not simple. A support calculator is freely available at the court website, although it can easily produce erroneous results if not utilized properly. Depending on your circumstances, it may make sense to hire a family law professional to assist with preparing a new child support worksheet.

Do we have to modify child support formally with the court, even if we agree to change it? 

It is risky to informally change the amount of child support being paid by one party to the other. If a child support order is in place, it is enforceable by the court, and severe sanctions, including fines and jail time are possible for non-compliance. Missed or late payments become a judgment against the payer by operation of law, and begin accruing 10% monthly compounded interest (for amounts accruing prior to 7/1/2021, the interest rate is 12%). If the payer stops providing child support, or pays an amount less than is specified by the court order, that party is out of compliance, and may rack up an enormous amount in child support “debt” very quickly. While amicable parties may not be overly worried about court action, sometimes good feelings fade over time, and it's unfortunate when suddenly one party seeks to enforce an old court order.

There is generally no filing fee to submit an agreed-upon modification of child support with the court. A new support order can be prepared using a form downloadable at the court website, accompanied by a child support worksheet created using the support calculator.

This article does not constitute legal advice nor create an attorney-client relationship between the reader and author.