One of the most common questions parents have about joint custody in Colorado is how this custody arrangement will affect their child support obligations. In the case of joint custody, is child support required? If so, who will pay it?
When parents have shared physical custody, they are both expected to contribute to the child’s financial support. This may be done partly by providing financial support when the child is in the home, but it could also be done by paying child support to the other parent. The amount of child support depends on the specific circumstances.
Colorado’s Child Support Rules
Colorado uses an Income Shares Model for calculating child support. Under this model, each parent’s monthly adjusted gross income is used to calculate a monthly basic support obligation. Other factors can affect the child support calculation, including:
- Number of children
- Health insurance and child care costs
- The number of overnights with the children
- The parents’ financial resources
- The standard of living the child would have had if the parents were still together
- The child’s educational needs
However, the parents’ incomes are the primary factor. Any additional expenses such as health insurance, daycare expenses, educational costs, or special medical treatments are usually shared in proportion to the parents’ combined income on top of the basic support obligation.
If the parents have about equal incomes, child support might not be ordered in cases involving joint custody. However, if there is a difference in incomes, child support may be awarded so the child receives the full financial benefit from both parents.
How Joint Custody Affects Child Support
The number of overnights can impact the amount of child support. If a non-residential parent has 92 or more overnights with their child, their child support obligation reduces. As overnight time with the child increases, the monthly child support payment decreases incrementally.
If parents have 50/50 custody, child support may still be awarded. However, the amount of support will be less than if the parent had no physical custody. If the parents share equal parenting time and have similar incomes, there may be no child support ordered. However, if the incomes are different, child support may be awarded.
Calculating Child Support in Joint Custody Cases
Parents asking for court-ordered child support must complete special worksheets in which they detail the number of overnights, income, resources, and other information. Child support is calculated based on the child support guidelines’ formula unless the parents’ incomes exceed the upper amount of income.
Child support is calculated based on the formula provided in the child support guidelines unless your incomes exceed the uppermost limits of those guidelines.
Contact an Experienced Child Support Lawyer for Legal Assistance
The child support lawyers at Stahly Mehrtens Miner LLC can help you navigate Colorado’s child support laws. We can help prepare the necessary financial documentation, calculate the base child support obligation, and consider deviations from the base support. Contact us today by calling (303) 797-2900 for a confidential consultation.