Child Support

THE MARRIAGE ZONE

Child Support

By Christopher C. Meyer December 2011



Child support is calculated according to the Colorado Child Support Guidelines. The amount of child support is a mathematical calculation based on several factors – the major factors being the gross income of each parent, the number of children, and the number of overnights the children spend with each parent. The basic child support amount is adjusted by various other factors such as the cost of health insurance for the children.

The following two examples are illustrative:

Ex.1 – Two children. Father’s monthly gross income is $4,000 and he pays $250 per month for health insurance for the children. Mother’s gross income is $2,500 per month. The children spend approximately 50% of overnights with each parent. According to the guidelines, Father must pay $121 per month to Mother for child support.

Ex.2 – Same as Ex. 1, except the children spend only 22% of overnights with Father. Father must pay Mother $666 per month for child support.

Why is there such a big difference in these examples? The guidelines assume that if you have over 25% of the overnights, you are contributing to the support of the children in proportion to the number of overnights in addition to the guideline support amount. If you have less than 25% of the overnights, the guidelines assume that you are not contributing to the support of the children in addition to the guideline support amount
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A court can deviate from the guideline amount of child support, but must have good reasons for doing so. Such reasons are usually child-centered. An example of a good reason for a deviation might be to provide a distant parent with additional funds for travel that would result in more parenting time for the child with that parent.

Child support is an obligation of the parent(s) to support the child(ren). Parents cannot contract to pay no child support. A Court will not approve such a contract absent very unusual circumstances.

Child support terminates when a child reaches age 19 or is emancipated. There are exceptions to the age 19 limit if a child is still in high school. If a child is disabled and not self-supporting, child support may extend past age19. Parties may enter into an enforceable agreement for child support to extend past age 19.

Failure to pay child support cannot be used to deny a parent visitation (parenting time) with a child. However, failure to pay child support is a bad idea. A parent that expresses great love and affection for a child, but fails to pay child support, has little credibility with the Court. Moreover, past due court-ordered child support accrues interest at 12% per year!

Child support law is the same as other law. You must remember that: you may not understand the law; you may not like it; and you may not think its fair; but it’s the law!




This article is for informational purposes only and does not constitute legal advice about your case.

Chris Meyer is an attorney practicing family law in Northern El Paso County. Chris’ law practice is limited to domestic relations cases. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information and many other articles.