Child Support and Divorce

Also see Parenting Plans.

Child support is designed to ensure that parents with parenting responsibilities have the financial means to provide the basic necessities for their children. Minimum child support payments in Colorado are based on the number of children, the number of overnights they will be spending with each of the parents, the relative gross incomes of each of the parents Child support and divorce in Colorado(adjusted for maintenance payments and other court order payments), and specific costs borne by the parents (such as health insurance or work related child care).

Child support is a parental responsibility until the children reach age 19 or are otherwise emancipated, or still in high school, or are mentally or physically disabled. Child support is always modifiable based on changing incomes, etc., and requests to this effect will be considered by the Court so long as the change in support is greater than 10% (it can be less than 10% if the request is due to adding health insurance premiums or other health related factors).  Mediation can be a good way for parties to get some help in getting agreements on modifications to child support.

Because the minimum child support payment is largely based on the relative incomes, including maintenance payments, and child support is not taxable, (whereas maintenance is taxable) there may be tax saving opportunities if the parties choose to work together to minimize the amount of tax their two households are paying by adjusting the maintenance and child support figures. The child support worksheet is a recommendation that the Court prefers to see parties use, but parties can deviate from it if they have good reason.

Child support payments are often protected through life insurance, so that if something happens to the payor, the recipient of the child support will still get support for the children.  QDROs (court orders for dividing or transferring funds in a retirement plan) can also be used as a way to receive child support if the payor is unable or unwilling to pay his or her obligation from current income.

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