Calculation of Child Support in a Colorado Divorce

Summary: Make sure that your attorney Mediator properly analyzes both parents' earning ability for child support purposes. The underemployed and unemployed still have child support obligations.  Mistakes can be very costly.

Calculating "Income" for Child Support Calculation Purposes

Determining "income" for child support calculations can be complicated.

Income potential is the amount that must be used in Colorado child support calculations.  This is earning ability.  Usually stable present employment earnings are used.

However, if a parent takes a lower paying job (for divorce purposes) or quits or "gets fired" and goes into business and thus has no income, the earlier employment earnings should be used. See CRS 14-10-115.

There are a number of higher court cases in Colorado which provide rulings on the "income" amount which is to be used for child support calculations.

What Kinds of Income Should be Used for Child Support Calculations?

Income for child support purposes includes bonuses, some capital gains, investment income, and sometimes a one-time windfall such as a lottery winning. It does not include overtime, unless the overtime is mandatory. This can be a complicated area of Colorado law.  Get some help from an attorney who practices regularly in family law court proceedings.

The Child Support Calculations are Based on Colorado Statute

The calculations can be complicated. Make sure that your calculations are done using the same computer program that the Colorado courts use.