Q. How much child support will I have to pay?
A. Child support is calculated based upon Colorado’s child support guidelines. The Court will first determine each party’s gross income for child support purposes. The parties then share the basic child support obligation for their child(ren) in proportion to their respective incomes. For example, if Parent 1 earns $6,000.00 per month and Parent 2 earns $8,000.00 per month, their combined gross income is $14,000 per month. The parents will share the basic child support obligation with Parent 1 paying 43% and Parent 2 paying 57%. The basic child support obligation under the child support guidelines for parents of one child earning a combined income of $14,000 per month is $1,506 per month. Let’s further assume that Parent 1 has overnight parenting time with their child less than 93 overnights per year. In this example, Parent 1 would pay monthly child support of $647.58 to Parent 2 who, as the residential caregiver of the child, is presumed to "pay" their obligation of $858.42 by providing most of the child’s meals, housing, clothing, etc.
Q. Will the court include my income from my overtime and/or second job in calculating child support?
A. Overtime pay is only included in a party’s income calculation when working overtime is a condition of employment. Income from a second job is not included if the employment results in the party working more than 40 hours per week, or more than what would be considered full-time employment.
Q. Are there any exceptions to the percentages listed above?
A. There are exceptions to the application of the guidelines for cases in which the payor earns less than a certain amount per month and for payors who earn more than the uppermost income used in the guidelines.
Q. I pay child support to my ex-spouse. Do I have to pay extra for daycare and medical expenses?
A. Yes. Both parents have an obligation to share in proportion to their respective incomes the costs for work-related daycare and extraordinary medical expenses over $250 per year. They will share these expenses in proportion to their respective incomes as set forth in the child support guidelines.
Q. What happens if my spouse is not employed?
A. The Court may determine that (s)he is voluntarily unemployed and impute to him/her the income (s)he could earn if employed full-time.
This information is not to be interpreted as providing legal services, nor as proposing any form of legal advice. By providing this general information, no attorney-client privilege is established. If you are uncertain about your legal rights, you should consider consulting with a qualified attorney. Specific questions should be directed to Kama McConaughy Sarkissian at (303) 649-0999.
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