Essential Information for Divorced & Separated Parents
Raising kids is hard, and it can become even harder when parents are divorced, separated, or otherwise estranged. In such situations, there are more challenges, such as kids constantly transitioning between two separate homes, as well as calculating and collecting child support.
What is Child Support?
Child support is paid by one parent to the other each month to cover a portion of the expenses associated with raising a child and to ensure adequate support for their child(ren). The amount of child support owed is determined by several factors, including the financial resources of each parent, the parenting time of each parent, and other statutory costs of raising the child. Ultimately, the goal is that both parents contribute equitably to the costs of raising their child(ren). As child support is for the benefit of the child(ren), it generally cannot be waived by either parent.
Factoring the Initial Child Support Calculation
To calculate child support, the court begins by determining each parent's gross income.
Gross income encompasses all sources of income, most notably:
- Salaries or employment earnings;
- Pensions and retirement benefits;
- Social security benefits;
- Dividends, interest, and capital gains; Net business profits in the event of self-employment;
- Mandatory overtime;
- Gifts; and
- Spousal maintenance.
However, gross income does not include:
- Received child support payments; Benefits from means-tested public assistance programs; or
- Employment income earned beyond full-time employment (40 hours per week).
These lists are not exhaustive.
After taking into consideration both parents’ gross monthly incomes, the Court will also consider the specific parenting time schedule for the child(ren) and, more specifically, the overnights. A “Worksheet A” calculation applies when the non-custodial parent has 92 or fewer overnights in a given year. On Worksheet A, there is no adjustment to the child support amount. A “Worksheet B” calculation applies when the non-custodial parent has 93 or more overnights per year. On Worksheet B, each additional overnight stay will decrease the child support obligation.
Additional Considerations in the Child Support Calculation
In addition to the gross monthly income of both parents and the number of overnights for the children, the child support calculation also considers several additional offsets or credits that will impact the overall calculation.
These include but may not be limited to:
- Custody of non-joint children by either parent,
- Health insurance premiums paid on behalf of the child(ren); and
- Work- or education-related childcare costs.
These factors and costs will be included on either Worksheet A or Worksheet B to adjust the baseline amount of child support.
What if a Parent Is Voluntarily Unemployed or Underemployed?
If one parent is voluntarily unemployed or underemployed, child support may be calculated based on a determination of that parent’s potential income unless:
- The parent is physically or mentally incapacitated;
- The parent is caring for a child younger than twenty-four (24) months to whom both parents owe a joint legal responsibility;
- The parent is incarcerated and sentenced to one hundred eighty (180) days or more.
In finding that a parent is voluntarily unemployed or underemployed, the Court generally must find that the parent is “shirking” his or her child support obligation by doing so.
In determining a parent’s potential income, courts consider:
- The parent’s assets;
- Residence;
- Employment and earning history;
- Job skills;
- Education;
- Age;
- Criminal record; and
- Local job market.
How Long do Child Support Payments Last?
Child support payments continue until the child reaches the age of emancipation, which, in Colorado, is 19 years old. Child support payments may continue beyond age 19 if the child is still in high school or an equivalent program; however, there is a hard cut-off at age 21. Additionally, child support payments may continue indefinitely beyond age 19 if the child has a disability.
There are also some instances in which the obligation to pay child support terminates early, such as if the child gets married or enters active military duty, as well as legal emancipation, parental rights termination, or adoption.
Child support calculations can be complicated, and there are many nuances and factors that can make a critical difference in your case. It is essential to talk to an attorney to get a reliable estimate.
Call (720) 463-2232 or send us a message online to schedule a consultation with an experienced family law attorney at Solutions Based Family Law.