Support in Colorado

How Colorado Calculates Child Support

Colorado uses an income shares model codified in C.R.S. Section 14-10-115. The model allocates the financial obligation of raising children between both parents based on their respective incomes, reflecting the principle that children should benefit from the financial resources of both households.

The calculation starts with each parent’s adjusted gross income. Gross income includes all income from any source — wages, salaries, commissions, bonuses, dividends, pensions, Social Security, workers’ compensation, unemployment benefits, rental income, business income, and other recurring sources. Adjustments are then made for preexisting child support obligations, alimony paid or received, and in some cases the actual cost of providing group health insurance for the child.

The parents’ combined adjusted gross incomes are applied to the Schedule of Basic Child Support Obligations, which produces a total support obligation based on the combined income and the number of children. Each parent’s share is proportional to their percentage of the combined income.

For a broader overview of how income shares calculations work, see our guide on how child support is calculated. You can also estimate your potential obligation with our child support calculator.

Parenting Time Adjustments

Colorado’s guidelines include an adjustment for parenting time. When the non-custodial parent has 93 or more overnights per year with the child, the guidelines apply a formula that reduces the support obligation to reflect the costs that parent incurs directly during their parenting time.

The adjustment recognizes that certain child-related expenses — particularly food, transportation, and entertainment — shift from one household to the other as parenting time increases. The greater the number of overnights with the non-custodial parent, the larger the adjustment.

For approximately equal parenting time arrangements, Colorado calculates each parent’s theoretical obligation and offsets them so that the parent with the higher income pays the net difference.

Modifying or Terminating Child Support

Either parent may petition for modification by showing a substantial and continuing change of circumstances. Colorado also allows modification when the existing order deviates from the guidelines amount by 10% or more.

Child support in Colorado continues until the child turns 19, or until age 19 if the child is still in high school (but not past age 21). Support also terminates upon the child’s emancipation, marriage, or entry into military service. Colorado does not generally require parents to pay for post-secondary education, though parents may agree to do so voluntarily.

Enforcement of Child Support Orders

Colorado’s Division of Child Support Services within the Department of Human Services has broad enforcement authority:

• Income assignment (wage withholding)
• Interception of state and federal tax refunds
• Suspension of driver’s licenses, professional licenses, and recreational licenses
• Liens on real and personal property, including motor vehicles
• Reporting arrearages to credit bureaus
• Contempt of court, which can result in fines or incarceration

Arrearages accrue interest and cannot be retroactively forgiven. Any modification takes effect from the date the motion is filed.

Spousal Maintenance in Colorado

Colorado uses the term “spousal maintenance” and provides advisory guidelines under C.R.S. Section 14-10-114 to help courts and parties determine both the amount and duration of maintenance awards. These guidelines apply to marriages where the parties’ combined adjusted gross income does not exceed a specified threshold.

The advisory guideline formula for the amount of maintenance is:

• 40% of the higher earner’s monthly adjusted gross income minus 50% of the lower earner’s monthly adjusted gross income

The resulting amount is then tested against a cap: the combined maintenance and the recipient’s income should not exceed 40% of the parties’ combined monthly adjusted gross income. If the formula would push the recipient’s total income above that threshold, the award is reduced accordingly.

The advisory guideline for duration is based on the length of the marriage, with a sliding scale that generally ranges from 11 months for a 3-year marriage to an indefinite period for marriages lasting 20 years or more.

When Courts Deviate from the Advisory Guidelines

The advisory guidelines create a starting point, not a mandate. Courts may deviate based on the factors listed in C.R.S. Section 14-10-114(3), which include:

• The financial resources of each party, including the actual or potential income from marital property
• The lifestyle during the marriage
• The distribution of marital property, including whether additional capital is necessary to enable a spouse to gain employment or enhance earning capacity
• Both parties’ income, employment, and employability, including any necessary education or training and the time and expense required
• The duration of the marriage
• The amount of temporary maintenance paid and the number of months it was paid
• The age and health of the parties
• Significant economic or noneconomic contributions to the marriage, including homemaking and child care
• Whether either party’s historical earnings have been less than their current earnings due to unemployment aimed at allowing the party to care for children or manage the home
• Any custody arrangements

Modification and Termination of Maintenance

Either party may seek modification of maintenance by demonstrating a substantial and continuing change of circumstances. Maintenance terminates upon the death of either party, the remarriage of the recipient, or the establishment of a common-law marriage by the recipient.

Colorado law also provides that the court may consider the recipient’s cohabitation with another person as a factor in modification, though cohabitation alone does not automatically terminate maintenance.

When to Seek Legal Guidance

Colorado’s advisory maintenance guidelines bring welcome predictability to an area of law that often feels uncertain, but the final outcome still depends on the facts of each case. If you are evaluating child support or spousal maintenance in Colorado, consider scheduling a free consultation with an experienced family law attorney.

Statutes referenced: C.R.S. Section 14-10-115 (child support), C.R.S. Section 14-10-114 (spousal maintenance and advisory guidelines).