Colorado § 14-10-115 - Child support guidelines - purpose - determination of income - schedule of basic child support obligations - adjustments to basic child support - additional guidelines - child support commission - definitions.

Full text of Colorado Colorado Revised Statutes § 14-10-115 — Child support guidelines - purpose - determination of income - schedule of basic child support obligations - adjustments to basic child support - additional guidelines - child support commission - definitions., with citation guidance and answers to common questions.

§ 14-10-115. Child support guidelines - purpose - determination of income - schedule of basic child support obligations - adjustments to basic child support - additional guidelines - child support commission - definitions.

(1) Purpose and applicability.

(a) The child support guidelines and schedule of basic child support obligations have the following purposes:

(I) To establish as state policy an adequate standard of support for children, subject to the ability of parents to pay;

(II) To make awards more equitable by ensuring more consistent treatment of persons in similar circumstances; and

(III) To improve the efficiency of the court process by promoting settlements and giving courts and the parties guidance in establishing levels of awards.

(b) The child support guidelines and schedule of basic child support obligations do the following:

(I) Calculate child support based upon the parents' combined adjusted gross income estimated to have been allocated to the child if the parents and children were living in an intact household;

(II) Adjust the child support based upon the needs of the children for extraordinary medical expenses and work-related child care costs; and

(III) Allocate the amount of child support to be paid by each parent based upon physical care arrangements.

(c) This section shall apply to all child support obligations, established or modified, as a part of any proceeding, including, but not limited to, articles 5, 6, and 10 of this title and articles 4 and 6 of title 19, C.R.S., regardless of when filed.

(2) Duty of support - factors to consider.

(a) In a proceeding for dissolution of marriage, legal separation, maintenance, or child support, the court shall, to the extent allowable within the court's jurisdiction, enter an order directing either or both parents owing a duty of support to a child of the marriage to pay an amount reasonable or necessary for the child's support and may order an amount determined to be reasonable under the circumstances for a time period that occurred after the date of the parties' physical separation or the filing of the petition or service upon the respondent, whichever date is latest, and prior to the month the child support obligation begins, without regard to marital misconduct.

(b) In determining the amount of support under this subsection (2), the court shall consider all relevant factors, including:

(I) The financial resources of the child;

(II) The financial resources of the custodial parent;

(III) The standard of living the child would have enjoyed had the marriage not been dissolved;

(IV) The physical and emotional condition of the child and his or her educational needs; and

(V) The financial resources and needs of the noncustodial parent.

(3) Definitions. As used in this section, unless the context otherwise requires:

(a) (I) "Adjusted gross income" means gross income, as specified in subsection (5) of this section, less preexisting child support obligations and less alimony or maintenance actually paid by a parent, as described in subsection (3)(a)(II) of this section.

(II) For purposes of this subsection (3)(a), if the alimony or maintenance actually paid by a parent is deductible for federal income tax purposes by that parent, and the alimony or maintenance is paid and received by the same parties as the child support calculation, then the actual amount of alimony or maintenance paid by that parent must be deducted from that parent's gross income. If the alimony or maintenance actually paid by a parent is not deductible for federal income tax purposes by that parent, then the amount of alimony or maintenance deducted from that parent's gross income is the amount of alimony or maintenance actually paid by that parent subject to the following adjustments:

(A) If the combined monthly adjusted gross income of the parties to the maintenance payment is ten thousand dollars or less, the maintenance actually paid will be multiplied by 1.25;

(B) If the combined monthly adjusted gross income of the parties to the maintenance payment is more than ten thousand dollars, the maintenance actually paid will be multiplied by 1.33; and

(C) If the amount of alimony or maintenance actually paid is increased as described in this section because it is not deductible for federal income tax purposes, there is a rebuttable presumption that the multiplier is correct. The presumption may be rebutted with evidence indicating a different multiplier is more accurate due to the tax implications of the maintenance payment being different than that reflected by the multiplier.

(III) If a court-ordered alimony or maintenance obligation actually paid by a party does not involve the same parties as the child support calculation and is not deductible for federal income tax purposes by that party, then the amount of the court-ordered alimony or maintenance that is deducted from that party's gross income is the amount actually paid by that party multiplied by 1.25.

(b) "Combined gross income" means the combined monthly adjusted gross incomes of both parents.

(c) "Income" means the actual gross income of a parent, if employed to full capacity, or potential income, if unemployed or underemployed. Gross income of each parent shall be determined according to subsection (5) of this section.

(c.5) "Mandatory school fees" means fees charged by a school or school district, including a charter school, for a child attending public primary or secondary school for activities that are directly related to the educational mission of the school, including but not limited to laboratory fees; book or educational material fees; school computer or automation-related fees, whether paid to the school directly or purchased by a parent; testing fees; and supply or material fees paid to the school. "Mandatory school fees" does not include uniforms, meals, or extracurricular activity fees.

(d) "Number of children due support", as used in the schedule of basic child support obligations specified in subsection (7) of this section, means children for whom the parents share joint legal responsibility and for whom support is being sought.

(e) "Other children" means children who are not the subject of the child support determination at issue.

(f) "Postsecondary education" includes college and career and technical education programs.

(g) "Postsecondary education support" means support for the following expenses associated with attending a college, university, or career and technical education program: Tuition, books, and fees.

(g.5) "Self-support reserve" means an amount equal to the state hourly minimum wage multiplied by twenty-nine hours per week, multiplied by fifty weeks per year, divided by twelve months.

(h) "Shared physical care", for the purposes of the child support guidelines and schedule of basic child support obligations specified in this section, and as further specified in subsection (8)(b) of this section, means that each parent keeps the children for at least one overnight each year and that both parents contribute to the expenses of the children in addition to the payment of child support.

(i) "Split physical care", for the purposes of the child support guidelines and schedule of basic child support obligations specified in this section, and as further specified in subsection (8)(c) of this section, means that each parent has physical care of at least one of the children by means of that child or children residing with that parent more than fifty percent of the time.

(4) Forms - identifying information - advisement.

(a) The child support guidelines must be used with standardized child support guideline forms to be issued by the judicial department. The judicial department is responsible for promulgating and updating the Colorado child support guideline forms, schedules, worksheets, instructions, and advisements.

(b) All child support orders entered pursuant to this article shall provide the names and dates of birth of the parties and of the children who are the subject of the order and the parties' residential and mailing addresses. The social security numbers of the parties and children shall be collected pursuant to section 14-14-113 and section 26-13-127, C.R.S.

(c) All child support orders entered pursuant to this article 10 must include a written advisement to the parties that conforms with the written child support advisement approved by the judicial branch, covering the following topics, in plain language:

(I) That a party who does not pay child support may be subject to judicial and administrative enforcement remedies and examples of those remedies;

(II) The operation of income assignments;

(III) The application of interest on arrears;

(IV) The parties' obligations concerning proof of payment;

(V) The basis for a modification or change of support, including the definition of a substantial and continuing change of circumstances;

(VI) The effect of agreements to modify or amend child support and the requirement for court authorization or administrative process action of all modifications or amendments;

(VII) The effect of emancipation; and

(VIII) The effect of spousal maintenance.

(5) Determination of income.

(a) For the purposes of the child support guidelines and schedule of basic child support obligations specified in this section, the gross income of each parent is determined according to the following guidelines:

(I) "Gross income" includes income from any source, except as otherwise provided in subsection (5)(a)(II) of this section, and includes, but is not limited to:

(A) Income from salaries;

(B) Wages, including tips declared by the individual for purposes of reporting to the federal internal revenue service or tips imputed to bring the employee's gross earnings to the minimum wage for the number of hours worked, whichever is greater;

(C) Commissions;

(D) Payments received as an independent contractor for labor or services, which payments must be considered income from self-employment;

(E) Bonuses;

(F) Dividends;

(G) Severance pay;

(H) Pensions and retirement benefits, including but not limited to those paid pursuant to articles 51, 54, 54.5, and 54.6 of title 24, C.R.S., and article 30 of title 31, C.R.S.;

(I) Royalties;

(J) Rents;

(K) Interest;

(L) Trust income;

(M) Annuities;

(N) Capital gains;

(O) Any moneys drawn by a self-employed individual for personal use that are deducted as a business expense, which moneys must be considered income from self-employment;

(P) Social security benefits, including social security benefits actually received by a parent as a result of the disability of that parent or as the result of the death of the minor child's stepparent but not including social security benefits received by a minor child or on behalf of a minor child as a result of the death or disability of a stepparent of the child;

(Q) Workers' compensation benefits;

(R) Unemployment insurance benefits;

(S) Disability insurance benefits;

(T) Funds held in or payable from any health, accident, disability, or casualty insurance to the extent that such insurance replaces wages or provides income in lieu of wages;

(U) Monetary gifts;

(V) Monetary prizes, excluding lottery winnings not required by the rules of the Colorado lottery commission to be paid only at the lottery office;

(W) Income from general partnerships, limited partnerships, closely held corporations, or limited liability companies. However, if a parent is a passive investor, has a minority interest in the company, and does not have any managerial duties or input, then the income to be recognized may be limited to actual cash distributions received.

(X) Expense reimbursements or in-kind payments received by a parent in the course of employment, self-employment, or operation of a business if they are significant and reduce personal living expenses;

(Y) Alimony or maintenance received, as adjusted, if applicable, pursuant to subsection (5)(a)(I.5) of this section; and

(Z) Overtime pay, only if the overtime is required by the employer as a condition of employment.

(I.5) For purposes of subsection (5)(a)(I)(Y) of this section, if the alimony or maintenance actually received by a parent is taxable income to that parent for federal income tax purposes, then the actual amount of alimony or maintenance received is included in that parent's gross income. If the alimony or maintenance actually received by a parent is not taxable income to that parent for federal income tax purposes, and the alimony or maintenance is paid and received by the same parties as the child support calculation, then the amount of alimony or maintenance that is included in that parent's gross income is the amount of alimony or maintenance received by that parent subject to the following adjustments:

(A) If the combined monthly adjusted gross income of the parties to the maintenance payment is ten thousand dollars or less, the maintenance actually received will be multiplied by 1.25;

(B) If the combined monthly adjusted gross income of the parties to the maintenance payment is more than ten thousand dollars, the maintenance actually received will be multiplied by 1.33; and

(C) If the amount of alimony or maintenance actually received is increased as described in this section because it is not deductible for federal income tax purposes, there is a rebuttable presumption that the multiplier is correct. The presumption may be rebutted with evidence indicating a different multiplier is more accurate due to the tax implications of the maintenance payment being different than that reflected by the multiplier.

(II) "Gross income" does not include:

(A) Child support payments received;

(B) Benefits received from means-tested public assistance programs, including but not limited to assistance provided under the Colorado works program, as described in part 7 of article 2 of title 26, C.R.S., supplemental security income, food stamps, and general assistance;

(C) Income from additional jobs that result in the employment of more than forty hours per week or more than what would otherwise be considered to be full-time employment;

(D) Social security benefits received by the minor children, or on behalf of the minor children, as a result of the death or disability of a stepparent are not to be included as income for the minor children for the determination of child support; and

(E) Earnings or gains on a retirement account, including an IRA, which earnings or gains must not be included as income unless or until a parent takes a distribution from the account. If a distribution from a retirement account may be taken without being subject to an IRS penalty for early distribution and the parent decides not to take the distribution, the court may consider the distribution that could have been taken in determining the parent's gross income if the parent is not otherwise employed full-time and the retirement account was not received pursuant to the division of marital property.

(III) (A) For income from self-employment, rent, royalties, proprietorship of a business, or joint ownership of a partnership or closely held corporation, "gross income" equals gross receipts minus ordinary and necessary expenses, as defined in sub-subparagraph (B) of this subparagraph (III), required to produce such income.

(B) "Ordinary and necessary expenses" does not include amounts allowable by the internal revenue service for the accelerated component of depreciation expenses or investment tax credits or any other business expenses determined by the court to be inappropriate for determining gross income for purposes of calculating child support; except that the court may consider straight-line depreciation, if appropriate, even if accelerated depreciation was used in the party's income tax forms.

(IV) If a preexisting court-ordered alimony or maintenance obligation actually paid by a party does not involve the same parties as the child support calculation and is not deductible for federal income tax purposes by that party, then the amount of preexisting court-ordered alimony or maintenance that is deducted from that party's gross income is the amount actually paid by that party multiplied by 1.25.

(b) (I) If a parent is voluntarily unemployed or underemployed, child support must be calculated based on a determination of potential income; except that a determination of potential income must not be made for:

(A) A parent who is physically or mentally incapacitated;

(B) A parent who is caring for a child under the age of twenty-four months for whom the parents owe a joint legal responsibility; or

(C) An incarcerated parent sentenced to one hundred eighty days or more.

(I.5) If the court or delegate child support enforcement unit imputes income pursuant to this subsection (5), the provisions of subsection (5)(b.5) of this section apply.

(II) If a noncustodial parent who owes past-due child support is unemployed and not incapacitated and has an obligation of support to a child receiving assistance pursuant to part 7 of article 2 of title 26, C.R.S., the court or delegate child support enforcement unit may order the parent to pay such support in accordance with a plan approved by the court or to participate in work activities. Work activities may include one or more of the following:

(A) Private or public sector employment;

(B) Job search activities;

(C) Community service;

(D) Vocational training; or

(E) Any other employment-related activities available to that particular individual.

(III) For the purposes of this section, a parent is not deemed "underemployed" if:

(A) The employment is temporary and is reasonably intended to result in higher income within the foreseeable future; or

(B) The employment is a good faith career choice that is not intended to deprive a child of support and does not unreasonably reduce the support available to a child; or

(C) The parent is enrolled full-time in an educational or vocational program or is employed part-time while enrolled in a part-time educational or vocational program, based on the institution's enrollment definitions, and the program is reasonably intended to result in a degree or certification within a reasonable period of time; completing the program will result in a higher income; the program is a good faith career choice that is not intended to deprive the child of support; and the parent's participation in the program does not unreasonably reduce the amount of child support available to a child.

(b.5) (I) Except as otherwise provided in this section, if the court or delegate child support enforcement unit determines that a parent is voluntarily unemployed or underemployed or employment information is unreliable, the court or delegate child support enforcement unit shall determine and document, for the record, the parent's potential income.

(II) In determining potential income, the court or delegate child support enforcement unit shall consider, to the extent known, the specific circumstances of the parent, including consideration of the following information, when available:

(A) The parent's assets;

(B) Residence;

(C) Employment and earnings history;

(D) Job skills;

(E) Educational attainment;

(F) Literacy;

(G) Age;

(H) Health;

(I) Criminal record;

(J) Other employment barriers;

(K) Record of seeking work;

(L) The local job market;

(M) The availability of employers hiring in the community, without changing existing law regarding the burden of proof;

(N) Prevailing earnings level in the local community. The typical hours available to workers in the parent's job sector as established by any reliable source generally used and relied on by the public or persons in a particular occupation, including, but not limited to, verified statements, work history, the United States department of labor's bureau of labor statistics or other reliable compilations, the department of labor and employment, or other information provided by the parent. In the absence of any such information, the court or delegate child support enforcement unit shall determine the parent's income based on a reasonable rate of pay for a thirty-two-hour workweek for fifty weeks each year, subject to other factors set forth in this section that may affect the number of hours the parent is capable of working, such as age, health, or the specific needs of the subject child.

(O) Transportation; and

(P) Other relevant background factors in the case.

(c) Income statements of the parents shall be verified with documentation of both current and past earnings. Suitable documentation of current earnings includes pay stubs, employer statements, or receipts and expenses if self-employed. Documentation of current earnings shall be supplemented with copies of the most recent tax return to provide verification of earnings over a longer period. A copy of wage statements or other wage information obtained from the computer database maintained by the department of labor and employment shall be admissible into evidence for purposes of determining income under this subsection (5).

(6) Adjustments to gross income.

(a) At the time a child support order is initially established, or in any proceeding to modify a child support order, if a parent is also legally responsible for the support of any other children for whom the parents do not share joint legal responsibility, the court shall make an adjustment to the parent's gross income prior to calculating the basic child support obligation for the child or children who are the subject of the support order in question as follows:

(I) If a parent is obligated to pay support for another child pursuant to an order, the amount actually paid on the order must be deducted from that parent's gross income;

(II) If the other child is residing in the home of a parent, the court shall deduct from that parent's gross income the amount calculated pursuant to paragraph (b) of this subsection (6);

(III) If another child of a parent is residing outside the home of that parent, the court shall deduct from that parent's gross income the amount of documented money payments actually paid by the parent for the support of the other child, not to exceed the schedule of basic support obligations set forth in subsection (7) of this section.

(b) The amount of the adjustment must not exceed the schedule of basic support obligations listed in this section. For a parent with gross income of less than one thousand five hundred dollars, the adjustment is seventy-five percent of the amount listed under the schedule of basic child support obligations in subsection (7)(b) of this section that would represent a child support obligation based only upon the responsible parent's income, without any other adjustments for the number of children for whom the parent is responsible. For a parent with gross income of one thousand five hundred dollars or more per month, the adjustment is seventy-five percent of the amount listed under the schedule of basic child support obligations in subsection (7)(b) of this section that would represent a child support obligation based only upon the responsible parent's income, without any other adjustments for the number of other children for whom the parent is responsible. The amount calculated as set forth in this subsection (6)(b) must be subtracted from the amount of the parent's gross income prior to calculating the basic child support obligation based upon both parents' gross income, as provided in subsection (7) of this section.

(7) Schedule of basic child support obligations.

(a) (I) The basic child support obligation must be determined using the schedule of basic child support obligations contained in subsection (7)(b) of this section. The basic child support obligation must be divided between the parents in proportion to each parent's adjusted gross income.

(II) For a combined gross income that falls between amounts shown in the schedule of basic child support obligations, basic child support amounts must be interpolated.

(III) (A) In any circumstance in which the obligor's monthly adjusted gross income is less than or equal to six hundred fifty dollars, regardless of the monthly adjusted gross income of the obligee, the court shall order the obligor to pay the minimum monthly order amount in child support. The minimum order amount is ten dollars per month, regardless of the number of children between the parties. If, as a result of shared parenting time, the obligor's presumptive total monthly child support obligation is less than ten dollars then the ten-dollar minimum monthly order amount does not apply and the presumptive total monthly child support obligation applies.

(B) In circumstances in which the obligor's monthly adjusted gross income is less than or equal to the self-support reserve but more than six hundred fifty dollars, the obligor's basic child support obligation is reduced to fifty dollars per month for one child, seventy dollars per month for two children, ninety dollars per month for three children, one hundred ten dollars per month for four children, one hundred thirty dollars per month for five children, and one hundred fifty dollars per month for six or more children. The reduced low-income adjustment does not apply if, as a result of shared parenting time, the adjustment is greater than the obligor's presumptive total monthly child support obligation calculated pursuant to the child support guidelines. The amount of child support owed by a parent with shared physical care must not exceed the amount owed by that same parent if the parent had no overnights.

(C) For an obligor with an adjusted gross income that is less than or equal to the self-support reserve but more than six hundred fifty dollars, the obligor's basic child support obligation as reduced by the low-income adjustment pursuant to subsection (7)(a)(III)(B) of this section, must be adjusted pursuant to subsection (11)(c)(III) of this section. The obligor's child support amount may be further adjusted to include a share of the work-related and education-related child care costs, health insurance, extraordinary medical expenses, and other extraordinary adjustments as described in subsections (9), (10), (11)(a), and (11)(b) of this section. However, if at the time the child support obligation is calculated, adjustments made pursuant to subsections (9), (10), (11)(a), and (11)(b) of this section, together with the reduced low-income adjustment amount, exceed ten percent of the obligor's adjusted gross income, the child support obligation must be capped at ten percent of the obligor's adjusted gross income. The amount of child support owed by a parent with shared parenting time must not exceed the amount owed by that same parent if the parent had no overnights.

(IV) The final presumptive child support obligation, including adjustments made pursuant to subsections (9), (10), (11)(a), (11)(b), and (11)(c)(III) of this section, must not exceed twenty percent of the obligor's adjusted gross income if the obligor's monthly adjusted gross income is above the self-support reserve and less than or equal to the state minimum wage multiplied by forty hours, multiplied by fifty-two weeks a year, divided by twelve months. The amount of child support owed by a parent with shared physical care must not exceed the amount owed by that same parent if the parent had no overnights.

(V) (A) For an obligor with an adjusted gross income that is above the self-support reserve, the obligor's basic child support obligation must be adjusted by deducting the self-support reserve amount from the obligor's adjusted gross income. The difference calculated must be equal to eighty percent of the difference for one child, eighty-five percent of the difference for two children, eighty-nine percent of the difference for three children, ninety-two percent of the difference for four children, ninety-four percent of the difference for five children, and ninety-five percent of the difference for six or more children.

(B) If the resulting difference calculated pursuant to subsection (7)(a)(V)(A) of this section is less than the reduced low-income adjustment calculated pursuant to subsection (7)(a)(III)(B) of this section, the obligor's basic child support obligation is equal to the reduced low-income adjustment.

(C) If the resulting difference calculated pursuant to subsection (7)(a)(V)(A) of this section is more than the reduced low-income adjustment calculated pursuant to subsection (7)(a)(III)(B) of this section but less than the schedule of basic child support obligation, the obligor's basic child support obligation is equal to the amount calculated pursuant to subsection (7)(a)(V)(A) of this section.

(D) If the resulting difference calculated pursuant to subsection (7)(a)(V)(A) of this section is equal to or more than the schedule of basic child support obligation, the amount listed in the schedule of basic child support obligation applies.

(VI) In addition to the adjustments described in this subsection (7)(a), the obligor's child support amount must be further adjusted for work-related and education-related child care costs, health insurance, extraordinary medical expenses, and other extraordinary adjustments as described in subsections (9), (10), (11)(a), (11)(b), and (11)(c)(III) of this section.

(VII) The judge may use discretion to determine child support in circumstances when the combined adjusted gross income exceeds the uppermost levels of the schedule of basic child support obligations; except that the presumptive basic child support obligation must not be less than it would be based on the highest level of adjusted gross income set forth in the schedule of basic child support obligations.

(b) Schedule of basic child support obligations:

Combined

Adjusted

Gross

Income

One

Child

Two

Children

Three

Children

Four

Children

Five

Children

Six or

More

Children

100

150

200

108

250

101

113

124

135

300

100

121

135

149

162

350

117

141

158

174

189

400

133

161

180

198

215

450

149

180

201

221

241

500

108

165

199

223

245

266

550

119

181

219

244

269

292

600

129

197

238

266

292

318

650

140

213

257

287

316

343

700

150

228

276

308

339

369

750

160

244

295

330

363

395

800

171

260

315

351

387

420

850

181

276

334

373

410

446

900

192

292

353

394

434

471

950

202

308

372

416

457

497

1000

213

324

391

437

481

523

1050

223

340

411

459

505

548

1100

234

356

430

480

528

574

1150

244

371

449

502

552

600

1200

253

386

466

521

573

623

1250

263

400

483

540

594

645

1300

272

414

500

559

615

668

1350

281

428

517

578

636

691

1400

290

442

534

597

657

714

1450

300

456

551

616

678

736

1500

309

470

568

635

698

759

1550

318

484

585

654

719

782

1600

327

498

602

673

740

805

1650

337

512

620

692

761

827

1700

346

527

637

711

782

850

1750

355

541

654

730

803

873

1800

364

555

671

749

824

896

1850

374

569

688

768

845

918

1900

383

583

705

787

866

941

1950

392

597

722

806

887

964

2000

401

611

739

825

908

987

2050

411

625

756

844

929

1009

2100

420

639

772

863

949

1032

2150

429

653

789

881

970

1054

2200

438

666

806

900

990

1076

2250

447

680

822

918

1010

1098

2300

456

694

839

937

1031

1120

2350

465

708

855

956

1051

1143

2400

474

721

872

974

1071

1165

2450

483

735

889

993

1092

1187

2500

492

749

905

1011

1112

1209

2550

501

763

922

1030

1133

1231

2600

510

776

938

1048

1153

1253

2650

519

790

955

1067

1173

1275

2700

528

804

972

1085

1194

1298

2750

537

817

988

1104

1214

1320

2800

546

831

1005

1122

1235

1342

2850

555

845

1021

1141

1255

1364

2900

564

859

1038

1159

1275

1386

2950

573

872

1055

1178

1296

1408

3000

582

886

1071

1196

1316

1431

3050

591

900

1088

1215

1336

1453

3100

600

913

1104

1234

1357

1475

3150

609

927

1121

1252

1377

1497

3200

618

941

1137

1271

1398

1519

3250

627

955

1154

1289

1418

1541

3300

636

968

1171

1308

1438

1564

3350

645

982

1187

1326

1459

1586

3400

654

996

1204

1345

1479

1608

3450

663

1010

1220

1363

1500

1630

3500

672

1023

1237

1382

1520

1652

3550

681

1037

1254

1400

1540

1674

3600

690

1051

1270

1419

1561

1696

3650

699

1064

1287

1437

1581

1719

3700

708

1078

1303

1456

1601

1741

3750

717

1092

1320

1474

1622

1763

3800

726

1106

1337

1493

1642

1785

3850

735

1119

1353

1511

1663

1807

3900

744

1133

1370

1530

1683

1829

3950

753

1147

1386

1549

1703

1852

4000

762

1161

1403

1567

1724

1874

4050

771

1173

1417

1583

1742

1893

4100

780

1185

1431

1598

1758

1911

4150

789

1197

1445

1614

1775

1930

4200

798

1209

1458

1629

1792

1948

4250

807

1221

1472

1644

1809

1966

4300

816

1232

1486

1659

1825

1984

4350

825

1244

1499

1675

1842

2002

4400

834

1256

1513

1690

1859

2020

4450

843

1268

1526

1705

1875

2039

4500

852

1280

1540

1720

1892

2057

4550

861

1292

1554

1735

1909

2075

4600

870

1304

1567

1751

1926

2093

4650

879

1316

1581

1766

1942

2111

4700

888

1328

1596

1783

1961

2131

4750

896

1342

1612

1800

1980

2152

4800

904

1355

1627

1818

1999

2173

4850

912

1368

1643

1835

2019

2194

4900

920

1381

1658

1852

2037

2214

4950

927

1393

1672

1867

2054

2233

5000

934

1404

1685

1882

2071

2251

5050

941

1416

1699

1898

2087

2269

5100

948

1427

1713

1913

2104

2287

5150

955

1439

1726

1928

2121

2306

5200

962

1450

1740

1943

2138

2324

5250

969

1462

1754

1959

2155

2342

5300

977

1473

1767

1974

2171

2360

5350

984

1485

1781

1989

2188

2379

5400

990

1496

1794

2004

2204

2396

5450

996

1504

1804

2015

2216

2409

5500

1002

1513

1814

2026

2229

2423

5550

1008

1522

1824

2038

2241

2436

5600

1013

1530

1834

2049

2254

2450

5650

1019

1539

1845

2060

2266

2464

5700

1025

1547

1855

2072

2279

2477

5750

1031

1556

1865

2083

2292

2491

5800

1036

1565

1875

2095

2304

2504

5850

1042

1573

1885

2106

2317

2518

5900

1048

1582

1896

2117

2329

2532

5950

1054

1590

1906

2129

2342

2545

6000

1060

1599

1916

2140

2354

2559

6050

1065

1608

1926

2151

2367

2573

6100

1071

1616

1936

2163

2379

2586

6150

1076

1624

1946

2173

2391

2598

6200

1080

1629

1951

2180

2398

2606

6250

1083

1634

1957

2186

2405

2614

6300

1087

1639

1963

2193

2412

2622

6350

1091

1644

1969

2199

2419

2629

6400

1094

1650

1974

2205

2426

2637

6450

1098

1655

1980

2212

2433

2645

6500

1101

1660

1986

2218

2440

2652

6550

1105

1665

1992

2225

2447

2660

6600

1108

1670

1998

2231

2454

2668

6650

1112

1675

2003

2238

2461

2676

6700

1115

1680

2009

2244

2469

2683

6750

1119

1685

2015

2251

2476

2691

6800

1122

1690

2021

2257

2483

2699

6850

1126

1695

2026

2264

2490

2707

6900

1129

1700

2032

2269

2496

2714

6950

1133

1704

2035

2273

2500

2718

7000

1136

1708

2038

2276

2504

2722

7050

1139

1711

2041

2279

2507

2726

7100

1142

1715

2044

2283

2511

2730

7150

1145

1719

2047

2286

2515

2734

7200

1149

1722

2050

2290

2518

2738

7250

1152

1726

2053

2293

2522

2742

7300

1155

1730

2056

2296

2526

2746

7350

1158

1733

2059

2300

2530

2750

7400

1161

1737

2062

2303

2533

2754

7450

1165

1741

2065

2306

2537

2758

7500

1168

1744

2068

2310

2541

2762

7550

1171

1748

2071

2313

2544

2766

7600

1174

1752

2074

2316

2548

2770

7650

1178

1756

2078

2321

2553

2775

7700

1182

1763

2088

2332

2565

2788

7750

1187

1771

2098

2343

2577

2801

7800

1191

1778

2107

2354

2589

2815

7850

1195

1786

2117

2365

2602

2828

7900

1200

1793

2127

2376

2614

2841

7950

1204

1801

2137

2387

2626

2855

8000

1209

1808

2147

2398

2638

2868

8050

1213

1816

2157

2410

2651

2881

8100

1218

1823

2167

2421

2663

2894

8150

1222

1831

2177

2432

2675

2908

8200

1227

1838

2187

2443

2687

2921

8250

1231

1846

2197

2454

2699

2934

8300

1236

1853

2207

2465

2712

2948

8350

1240

1861

2217

2476

2724

2961

8400

1244

1868

2226

2487

2735

2973

8450

1247

1871

2229

2489

2738

2977

8500

1250

1874

2231

2492

2741

2980

8550

1253

1877

2234

2495

2745

2983

8600

1255

1881

2236

2498

2748

2987

8650

1258

1884

2239

2501

2751

2990

8700

1261

1887

2241

2504

2754

2993

8750

1263

1890

2244

2506

2757

2997

8800

1266

1893

2246

2509

2760

3000

8850

1269

1896

2249

2512

2763

3004

8900

1272

1899

2251

2515

2766

3007

8950

1274

1902

2254

2518

2769

3010

9000

1277

1905

2256

2520

2772

3014

9050

1280

1909

2259

2523

2776

3017

9100

1282

1912

2261

2526

2779

3020

9150

1285

1915

2264

2529

2782

3024

9200

1289

1920

2269

2534

2788

3030

9250

1292

1924

2274

2540

2794

3037

9300

1296

1929

2279

2545

2800

3043

9350

1300

1934

2284

2551

2806

3050

9400

1303

1939

2288

2556

2812

3056

9450

1307

1944

2293

2562

2818

3063

9500

1311

1948

2298

2567

2824

3069

9550

1314

1953

2303

2572

2830

3076

9600

1318

1958

2308

2578

2836

3082

9650

1322

1963

2313

2583

2842

3089

9700

1325

1968

2318

2589

2848

3095

9750

1329

1972

2322

2594

2854

3102

9800

1333

1977

2327

2600

2860

3108

9850

1336

1982

2332

2605

2866

3115

9900

1340

1987

2337

2611

2872

3121

9950

1345

1993

2344

2618

2880

3130

10000

1350

2001

2352

2628

2890

3142

10050

1355

2008

2361

2637

2901

3153

10100

1361

2016

2369

2646

2911

3164

10150

1366

2024

2378

2656

2922

3176

10200

1372

2031

2386

2665

2932

3187

10250

1377

2039

2395

2675

2942

3198

10300

1383

2047

2403

2684

2953

3210

10350

1388

2054

2412

2694

2963

3221

10400

1394

2062

2420

2703

2973

3232

10450

1399

2070

2429

2713

2984

3243

10500

1404

2077

2437

2722

2994

3255

10550

1410

2085

2445

2732

3005

3266

10600

1415

2092

2454

2741

3015

3277

10650

1421

2100

2462

2750

3025

3289

10700

1426

2108

2471

2760

3036

3300

10750

1432

2115

2479

2769

3046

3311

10800

1437

2123

2488

2779

3057

3323

10850

1443

2131

2496

2788

3067

3334

10900

1448

2138

2505

2798

3077

3345

10950

1453

2146

2513

2807

3088

3357

11000

1459

2154

2522

2817

3098

3368

11050

1464

2161

2530

2826

3109

3379

11100

1469

2169

2539

2836

3119

3390

11150

1473

2175

2547

2845

3130

3402

11200

1477

2182

2556

2855

3140

3413

11250

1481

2188

2564

2864

3151

3425

11300

1485

2195

2573

2874

3161

3436

11350

1489

2201

2581

2883

3171

3447

11400

1493

2208

2590

2893

3182

3459

11450

1497

2214

2598

2902

3192

3470

11500

1501

2221

2607

2912

3203

3482

11550

1505

2228

2615

2921

3213

3493

11600

1509

2234

2624

2931

3224

3504

11650

1513

2241

2632

2940

3234

3516

11700

1517

2247

2641

2950

3245

3527

11750

1521

2254

2649

2959

3255

3538

11800

1525

2260

2658

2969

3266

3550

11850

1529

2267

2666

2978

3276

3561

11900

1533

2273

2675

2988

3287

3573

11950

1537

2280

2683

2997

3297

3584

12000

1541

2287

2692

3007

3308

3595

12050

1545

2293

2701

3016

3318

3607

12100

1549

2300

2709

3026

3329

3618

12150

1553

2306

2718

3036

3339

3630

12200

1557

2313

2726

3045

3350

3641

12250

1561

2319

2735

3055

3360

3652

12300

1564

2324

2739

3060

3366

3659

12350

1567

2328

2744

3065

3372

3665

12400

1570

2332

2749

3070

3377

3671

12450

1573

2337

2754

3076

3383

3678

12500

1576

2341

2758

3081

3389

3684

12550

1579

2345

2763

3086

3395

3690

12600

1583

2349

2768

3092

3401

3697

12650

1586

2354

2772

3097

3406

3703

12700

1589

2358

2777

3102

3412

3709

12750

1592

2362

2782

3107

3418

3715

12800

1595

2367

2787

3113

3424

3722

12850

1598

2371

2791

3118

3430

3728

12900

1601

2375

2796

3123

3436

3734

12950

1604

2380

2801

3129

3441

3741

13000

1607

2384

2806

3134

3447

3747

13050

1610

2388

2810

3139

3453

3753

13100

1614

2393

2815

3144

3459

3760

13150

1617

2397

2820

3150

3465

3766

13200

1620

2401

2824

3155

3470

3772

13250

1623

2406

2829

3160

3476

3779

13300

1626

2410

2834

3166

3482

3785

13350

1629

2414

2839

3171

3488

3791

13400

1633

2419

2844

3177

3494

3798

13450

1637

2425

2850

3183

3502

3806

13500

1641

2430

2856

3190

3509

3814

13550

1646

2436

2862

3197

3516

3822

13600

1650

2442

2868

3203

3524

3830

13650

1654

2448

2874

3210

3531

3838

13700

1659

2454

2880

3217

3538

3846

13750

1663

2460

2886

3223

3546

3854

13800

1667

2465

2892

3230

3553

3862

13850

1672

2471

2898

3237

3560

3870

13900

1676

2477

2904

3243

3568

3878

13950

1681

2483

2910

3250

3575

3886

14000

1685

2489

2916

3257

3583

3894

14050

1689

2495

2922

3264

3590

3902

14100

1694

2500

2928

3270

3597

3910

14150

1698

2506

2934

3277

3605

3918

14200

1703

2512

2940

3284

3612

3926

14250

1707

2518

2946

3290

3619

3934

14300

1711

2524

2952

3297

3627

3942

14350

1716

2529

2958

3304

3634

3950

14400

1720

2535

2964

3310

3641

3958

14450

1724

2541

2970

3317

3649

3966

14500

1729

2547

2976

3324

3656

3974

14550

1733

2553

2982

3331

3664

3982

14600

1738

2559

2988

3337

3671

3990

14650

1742

2564

2994

3344

3678

3998

14700

1746

2570

3000

3351

3686

4006

14750

1751

2576

3006

3357

3693

4014

14800

1755

2582

3012

3364

3700

4022

14850

1759

2586

3016

3369

3706

4028

14900

1761

2590

3019

3373

3710

4033

14950

1764

2593

3023

3376

3714

4037

15000

1767

2597

3026

3380

3718

4042

15050

1770

2600

3029

3384

3722

4046

15100

1773

2604

3033

3388

3726

4051

15150

1775

2607

3036

3391

3731

4055

15200

1778

2611

3040

3395

3735

4060

15250

1781

2614

3043

3399

3739

4064

15300

1784

2618

3046

3403

3743

4069

15350

1786

2621

3050

3406

3747

4073

15400

1789

2625

3053

3410

3751

4077

15450

1792

2628

3056

3414

3755

4082

15500

1795

2632

3060

3418

3759

4086

15550

1798

2635

3063

3421

3763

4091

15600

1800

2639

3066

3425

3768

4095

15650

1803

2642

3070

3429

3772

4100

15700

1806

2646

3073

3433

3776

4104

15750

1809

2649

3076

3436

3780

4109

15800

1812

2653

3080

3440

3784

4113

15850

1814

2656

3083

3444

3788

4118

15900

1817

2660

3086

3448

3792

4122

15950

1820

2663

3090

3451

3796

4127

16000

1823

2667

3093

3455

3801

4131

16050

1825

2670

3096

3459

3805

4136

16100

1828

2674

3100

3463

3809

4140

16150

1831

2677

3103

3466

3813

4145

16200

1834

2681

3107

3470

3817

4149

16250

1837

2686

3112

3476

3823

4156

16300

1843

2693

3121

3486

3834

4168

16350

1847

2701

3129

3495

3845

4179

16400

1852

2707

3137

3504

3855

4190

16450

1857

2714

3145

3513

3864

4201

16500

1861

2721

3153

3522

3874

4211

16550

1866

2728

3161

3531

3884

4222

16600

1870

2735

3169

3540

3894

4233

16650

1875

2741

3177

3549

3904

4243

16700

1879

2748

3185

3558

3913

4254

16750

1884

2755

3193

3566

3923

4264

16800

1888

2761

3201

3575

3933

4275

16850

1893

2768

3208

3584

3942

4285

16900

1897

2775

3216

3593

3952

4296

16950

1902

2781

3224

3601

3962

4306

17000

1906

2788

3232

3610

3971

4317

17050

1911

2795

3240

3619

3981

4327

17100

1915

2801

3248

3628

3990

4338

17150

1920

2808

3256

3636

4000

4348

17200

1924

2815

3263

3645

4010

4359

17250

1929

2821

3271

3654

4019

4369

17300

1933

2828

3279

3663

4029

4380

17350

1938

2835

3287

3672

4039

4390

17400

1942

2841

3295

3680

4048

4401

17450

1947

2848

3303

3689

4058

4411

17500

1951

2855

3311

3698

4068

4422

17550

1956

2861

3318

3707

4077

4432

17600

1960

2868

3326

3715

4087

4443

17650

1965

2875

3334

3724

4097

4453

17700

1969

2881

3342

3733

4106

4464

17750

1974

2888

3350

3742

4116

4474

17800

1978

2895

3358

3751

4126

4484

17850

1983

2901

3366

3759

4135

4495

17900

1987

2908

3373

3768

4145

4505

17950

1992

2915

3381

3777

4155

4516

18000

1996

2921

3389

3786

4164

4526

18050

2001

2928

3397

3794

4174

4537

18100

2005

2935

3405

3803

4183

4547

18150

2010

2941

3413

3812

4193

4558

18200

2014

2948

3420

3821

4203

4568

18250

2019

2955

3428

3829

4212

4579

18300

2023

2961

3436

3838

4222

4589

18350

2028

2968

3444

3847

4232

4600

18400

2032

2975

3452

3856

4241

4610

18450

2037

2982

3460

3865

4251

4621

18500

2041

2988

3468

3873

4261

4631

18550

2046

2995

3475

3882

4270

4642

18600

2050

3002

3483

3891

4280

4652

18650

2055

3008

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5138

5739

6313

6862

33300

2981

4396

5143

5744

6319

6869

33350

2984

4400

5148

5750

6325

6875

33400

2987

4405

5153

5756

6331

6882

33450

2990

4409

5158

5761

6337

6889

33500

2994

4414

5163

5767

6344

6895

33550

2997

4418

5168

5772

6350

6902

33600

3000

4423

5173

5778

6356

6909

33650

3003

4427

5178

5784

6362

6916

33700

3006

4431

5183

5789

6368

6922

33750

3009

4436

5188

5795

6374

6929

33800

3012

4440

5193

5801

6381

6936

33850

3015

4445

5198

5806

6387

6942

33900

3019

4449

5203

5812

6393

6949

33950

3022

4454

5208

5817

6399

6956

34000

3025

4458

5213

5823

6405

6963

34050

3028

4463

5218

5829

6412

6969

34100

3031

4467

5223

5834

6418

6976

34150

3034

4472

5228

5840

6424

6983

34200

3037

4476

5233

5846

6430

6990

34250

3040

4480

5238

5851

6436

6996

34300

3043

4485

5243

5857

6442

7003

34350

3047

4489

5248

5862

6449

7010

34400

3050

4494

5253

5868

6455

7016

34450

3053

4498

5258

5874

6461

7023

34500

3056

4503

5263

5879

6467

7030

34550

3059

4507

5269

5885

6473

7037

34600

3062

4512

5274

5891

6480

7043

34650

3065

4516

5279

5896

6486

7050

34700

3068

4521

5284

5902

6492

7057

34750

3071

4525

5289

5907

6498

7063

34800

3075

4529

5294

5913

6504

7070

34850

3078

4534

5299

5919

6511

7077

34900

3081

4538

5304

5924

6517

7084

34950

3084

4543

5309

5930

6523

7090

35000

3087

4547

5314

5936

6529

7097

35050

3090

4552

5319

5941

6535

7104

35100

3093

4556

5324

5947

6541

7111

35150

3096

4561

5329

5952

6548

7117

35200

3099

4565

5334

5958

6554

7124

35250

3103

4569

5339

5964

6560

7131

35300

3106

4574

5344

5969

6566

7137

35350

3109

4578

5349

5975

6572

7144

35400

3112

4583

5354

5981

6579

7151

35450

3115

4587

5359

5986

6585

7158

35500

3118

4592

5364

5992

6591

7164

35550

3121

4596

5369

5997

6597

7171

35600

3124

4601

5374

6003

6603

7178

35650

3127

4605

5379

6009

6609

7185

35700

3131

4610

5384

6014

6616

7191

35750

3134

4614

5389

6020

6622

7198

35800

3137

4618

5394

6025

6628

7205

35850

3140

4623

5399

6031

6634

7211

35900

3143

4627

5404

6037

6640

7218

35950

3146

4632

5409

6042

6647

7225

36000

3149

4636

5414

6048

6653

7232

36050

3152

4641

5420

6054

6659

7238

36100

3155

4645

5425

6059

6665

7245

36150

3159

4650

5430

6065

6671

7252

36200

3162

4654

5435

6070

6678

7258

36250

3165

4658

5440

6076

6684

7265

36300

3168

4663

5445

6082

6690

7272

36350

3171

4667

5450

6087

6696

7279

36400

3174

4672

5455

6093

6702

7285

36450

3177

4676

5460

6099

6708

7292

36500

3180

4681

5465

6104

6715

7299

36550

3183

4685

5470

6110

6721

7306

36600

3187

4690

5475

6115

6727

7312

36650

3190

4694

5480

6121

6733

7319

36700

3193

4699

5485

6127

6739

7326

36750

3196

4703

5490

6132

6746

7332

36800

3199

4707

5495

6138

6752

7339

36850

3202

4712

5500

6144

6758

7346

36900

3205

4716

5505

6149

6764

7353

36950

3208

4721

5510

6155

6770

7359

37000

3211

4725

5515

6160

6776

7366

37050

3215

4730

5520

6166

6783

7373

37100

3218

4734

5525

6172

6789

7379

37150

3221

4739

5530

6177

6795

7386

37200

3224

4743

5535

6183

6801

7393

37250

3227

4747

5540

6189

6807

7400

37300

3230

4752

5545

6194

6814

7406

37350

3233

4756

5550

6200

6820

7413

37400

3236

4761

5555

6205

6826

7420

37450

3240

4765

5560

6211

6832

7427

37500

3243

4770

5565

6217

6838

7433

37550

3246

4774

5571

6222

6845

7440

37600

3249

4779

5576

6228

6851

7447

37650

3252

4783

5581

6234

6857

7453

37700

3255

4788

5586

6239

6863

7460

37750

3258

4792

5591

6245

6869

7467

37800

3261

4796

5596

6250

6875

7474

37850

3264

4801

5601

6256

6882

7480

37900

3268

4805

5606

6262

6888

7487

37950

3271

4810

5611

6267

6894

7494

38000

3274

4814

5616

6273

6900

7500

38050

3277

4819

5621

6279

6906

7507

38100

3280

4823

5626

6284

6913

7514

38150

3283

4828

5631

6290

6919

7521

38200

3286

4832

5636

6295

6925

7527

38250

3289

4836

5641

6301

6931

7534

38300

3292

4841

5646

6307

6937

7541

38350

3296

4845

5651

6312

6943

7548

38400

3299

4850

5656

6318

6950

7554

38450

3302

4854

5661

6323

6956

7561

38500

3305

4859

5666

6329

6962

7568

38550

3308

4863

5671

6335

6968

7574

38600

3311

4868

5676

6340

6974

7581

38650

3314

4872

5681

6346

6981

7588

38700

3317

4877

5686

6352

6987

7595

38750

3320

4881

5691

6357

6993

7601

38800

3324

4885

5696

6363

6999

7608

38850

3327

4890

5701

6368

7005

7615

38900

3330

4894

5706

6374

7012

7622

38950

3333

4899

5711

6380

7018

7628

39000

3336

4903

5717

6385

7024

7635

39050

3339

4908

5722

6391

7030

7642

39100

3342

4912

5727

6397

7036

7648

39150

3345

4917

5732

6402

7042

7655

39200

3348

4921

5737

6408

7049

7662

39250

3352

4925

5742

6413

7055

7669

39300

3355

4930

5747

6419

7061

7675

39350

3358

4934

5752

6425

7067

7682

39400

3361

4939

5757

6430

7073

7689

39450

3364

4943

5762

6436

7080

7695

39500

3367

4948

5767

6442

7086

7702

39550

3370

4952

5772

6447

7092

7709

39600

3373

4957

5777

6453

7098

7716

39650

3376

4961

5782

6458

7104

7722

39700

3380

4966

5787

6464

7110

7729

39750

3383

4970

5792

6470

7117

7736

39800

3386

4974

5797

6475

7123

7743

39850

3389

4979

5802

6481

7129

7749

39900

3392

4983

5807

6487

7135

7756

39950

3395

4988

5812

6492

7141

7763

40000

3398

4992

5817

6498

7148

7769

(8) Computation of basic child support - shared overnight parenting time - split physical care - stipulations - deviations - basis for periodic updates.

(a) A total child support obligation is determined by adding each parent's respective basic child support obligation, as determined through the child support guidelines and schedule of basic child support obligations specified in subsection (7) of this section, education and work-related net child care costs, extraordinary medical expenses, and extraordinary adjustments to the schedule of basic child support obligations, as described in subsections (9), (10), (11)(a), (11)(b), and (11)(c)(III) of this section. The parent receiving a child support payment is presumed to spend the total child support obligation directly on the children. The parent paying child support to the other parent owes the total child support obligation as child support to the other parent minus any ordered payments included in the calculations made directly on behalf of the children for education and work-related net child care costs, extraordinary medical expenses, or extraordinary adjustments to the schedule of basic child support obligations, as described in subsections (9), (10), (11)(a), (11)(b), and (11)(c)(III) of this section.

(b) Shared overnight parenting time presumes that certain basic expenses for the children will be paid directly by the overnight parent; therefore, expenses may be duplicated and an adjustment for shared parenting time is necessary. The shared parenting time adjustment is calculated by identifying the parenting time credit percentage listed in the parenting time table in subsection (8)(h) of this section based upon the number of overnights for each parent. The parenting time credit is the total basic child support obligation multiplied by that parent's parenting time credit percentage. The shared parenting adjustment is deducted from each parent's share of the basic child support obligation, which is in addition to each parent's proportionate share of education and work-related net child care costs, extraordinary medical expenses, and extraordinary adjustments to the schedule of basic child support obligations, as described in subsections (9), (10), (11)(a), (11)(b), and (11)(c)(III) of this section. The parent owing the greater amount of child support owes the difference between the two amounts as a child support order minus any ordered direct payments made on behalf of the children for education and work-related net child care costs, extraordinary medical expenses, or extraordinary adjustments to the schedule of basic child support obligations, as described in subsections (9), (10), (11)(a), (11)(b), and (11)(c)(III) of this section. The amount of child support ordered to be paid must not exceed the amount owed by that same parent if the parent had no overnights. For purposes of calculating overnights when two or more children are included in the child support worksheet calculation and the parties have a different number of overnights with each of the two or more children, the number of overnights is determined by adding the number of overnights for each child and dividing the resulting number by the number of children included in the child support worksheet calculation.

(c) In cases of split physical care, the number of overnights used to calculate a child support obligation must be computed in the same manner as shared overnight parenting time: By adding the number of overnights for each child and dividing the resulting number by the number of children included in the child support worksheet calculation.

(d) Stipulations presented to the court shall be reviewed by the court for approval. No hearing shall be required; however, the court shall use the guidelines and schedule of basic child support obligations to review the adequacy of child support orders negotiated by the parties as well as the financial affidavit that fully discloses the financial status of the parties as required for use of the guidelines and schedule of basic child support obligations.

(e) In an action to establish or modify child support, whether temporary or permanent, the guidelines and schedule of basic child support obligations set forth in subsection (7) of this section shall be used as a rebuttable presumption for the establishment or modification of the amount of child support. A court may deviate from the guidelines and schedule of basic child support obligations where its application would be inequitable, unjust, or inappropriate. Any such deviation shall be accompanied by written or oral findings by the court specifying the reasons for the deviation and the presumed amount under the guidelines and schedule of basic child support obligations without a deviation. These reasons may include, but are not limited to, instances where one of the parents spends substantially more time with the child than is reflected by a straight calculation of overnights, the extraordinary medical expenses incurred for treatment of either parent or a current spouse, extraordinary costs associated with parenting time, the gross disparity in income between the parents, the ownership by a parent of a substantial nonincome producing asset, consistent overtime not considered in gross income under sub-subparagraph (C) of subparagraph (II) of paragraph (a) of subsection (5) of this section, or income from employment that is in addition to a full-time job or that results in the employment of the obligor more than forty hours per week or more than what would otherwise be considered to be full-time employment. The existence of a factor enumerated in this section does not require the court to deviate from the guidelines and basic schedule of child support obligations but may be a factor to be considered in the decision to deviate. The court may deviate from the guidelines and basic schedule of child support obligations even if a factor enumerated in this section does not exist.

(f) The guidelines and schedule of basic child support obligations may be used by the parties as the basis for periodic updates of child support obligations.

(g) Repealed.

(h) Parenting time table:

Overnights

Credit %

Overnights

Credit %

Overnights

Credit %

Overnights

Credit %

Overnights

Credit %

0.00%

8.87%

146

32.32%

218

67.23%

291

90.93%

0.07%

9.07%

147

32.77%

219

67.68%

292

91.13%

0.14%

9.27%

148

33.22%

220

68.12%

293

91.33%

0.21%

9.48%

149

33.68%

221

68.56%

294

91.53%

0.28%

9.68%

150

34.13%

222

69.00%

295

91.72%

0.35%

9.90%

151

34.59%

223

69.44%

296

91.91%

0.42%

10.11%

152

35.05%

224

69.87%

297

92.09%

0.49%

10.33%

153

35.52%

225

70.30%

298

92.28%

0.57%

10.55%

154

35.99%

226

70.73%

299

92.46%

0.65%

10.77%

155

36.45%

227

71.15%

300

92.64%

0.72%

11.00%

156

36.93%

228

71.57%

301

92.81%

0.80%

11.23%

157

37.40%

229

71.99%

302

92.99%

0.88%

11.47%

158

37.88%

230

72.40%

303

93.16%

0.96%

11.70%

159

38.35%

231

72.81%

304

93.33%

1.04%

11.94%

160

38.83%

232

73.22%

305

93.49%

1.13%

12.19%

161

39.32%

233

73.62%

306

93.66%

1.21%

12.43%

162

39.80%

234

74.02%

307

93.82%

1.29%

12.68%

163

40.29%

235

74.42%

308

93.98%

1.38%

12.94%

164

40.77%

236

74.81%

309

94.13%

1.47%

13.19%

165

41.26%

237

75.20%

310

94.29%

1.56%

13.45%

166

41.75%

238

75.59%

311

94.44%

1.65%

13.72%

167

42.25%

239

75.97%

312

94.59%

1.74%

13.98%

168

42.74%

240

76.35%

313

94.73%

1.84%

14.25%

169

43.23%

241

76.73%

314

94.88%

1.93%

14.53%

170

43.73%

242

77.10%

315

95.02%

2.03%

14.80%

171

44.23%

243

77.46%

316

95.16%

2.12%

15.08%

172

44.73%

244

77.83%

317

95.30%

2.22%

100

15.37%

173

45.23%

245

78.19%

318

95.44%

2.32%

101

15.66%

174

45.73%

246

78.55%

319

95.57%

2.43%

102

15.95%

175

46.23%

247

78.90%

320

95.70%

2.53%

103

16.24%

176

46.73%

248

79.25%

321

95.84%

2.64%

104

16.54%

177

47.23%

249

79.60%

322

95.96%

2.74%

105

16.84%

178

47.73%

250

79.94%

323

96.09%

2.85%

106

17.15%

179

48.24%

251

80.28%

324

96.22%

2.96%

107

17.46%

180

48.74%

252

80.61%

325

96.34%

3.08%

108

17.77%

181

49.24%

253

80.94%

326

96.46%

3.19%

109

18.09%

182

49.75%

254

81.27%

327

96.58%

3.30%

110

18.41%

182.5

50.00%

255

81.59%

328

96.70%

3.42%

111

18.73%

183

50.25%

256

81.91%

329

96.81%

3.54%

112

19.06%

184

50.76%

257

82.23%

330

96.92%

3.66%

113

19.39%

185

51.26%

258

82.54%

331

97.04%

3.78%

114

19.72%

186

51.76%

259

82.85%

332

97.15%

3.91%

115

20.06%

187

52.27%

260

83.16%

333

97.26%

4.04%

116

20.40%

188

52.77%

261

83.46%

334

97.36%

4.16%

117

20.75%

189

53.27%

262

83.76%

335

97.47%

4.30%

118

21.10%

190

53.77%

263

84.05%

336

97.57%

4.43%

119

21.45%

191

54.27%

264

84.34%

337

97.68%

4.56%

120

21.81%

192

54.77%

265

84.63%

338

97.78%

4.70%

121

22.17%

193

55.27%

266

84.92%

339

97.88%

4.84%

122

22.54%

194

55.77%

267

85.20%

340

97.97%

4.98%

123

22.90%

195

56.27%

268

85.47%

341

98.07%

5.12%

124

23.27%

196

56.77%

269

85.75%

342

98.16%

5.27%

125

23.65%

197

57.26%

270

86.02%

343

98.26%

5.41%

126

24.03%

198

57.75%

271

86.28%

344

98.35%

5.56%

127

24.41%

199

58.25%

272

86.55%

345

98.44%

5.71%

128

24.80%

200

58.74%

273

86.81%

346

98.53%

5.87%

129

25.19%

201

59.23%

274

87.06%

347

98.62%

6.02%

130

25.58%

202

59.71%

275

87.32%

348

98.71%

6.18%

131

25.98%

203

60.20%

276

87.57%

349

98.79%

6.34%

132

26.38%

204

60.68%

277

87.81%

350

98.87%

6.51%

133

26.78%

205

61.17%

278

88.06%

351

98.96%

6.67%

134

27.19%

206

61.65%

279

88.30%

352

99.04%

6.84%

135

27.60%

207

62.12%

280

88.53%

353

99.12%

7.01%

136

28.01%

208

62.60%

281

88.77%

354

99.20%

7.19%

137

28.43%

209

63.07%

282

89.00%

355

99.28%

7.36%

138

28.85%

210

63.55%

283

89.23%

356

99.35%

7.54%

139

29.27%

211

64.01%

284

89.45%

357

99.43%

7.72%

140

29.70%

212

64.48%

285

89.67%

358

99.51%

7.91%

141

30.13%

213

64.95%

286

89.89%

359

99.58%

8.09%

142

30.56%

214

65.41%

287

90.10%

360

99.65%

8.28%

143

31.00%

215

65.87%

288

90.32%

361

99.72%

8.47%

144

31.44%

216

66.32%

289

90.52%

362

99.79%

8.67%

145

31.88%

217

66.78%

290

90.73%

363

99.86%

364

99.93%

365

100.00%

(9) Adjustments for child care costs.

(a) Net child care costs incurred on behalf of the children due to employment or job search or the education of either parent shall be added to the basic obligation and shall be divided between the parents in proportion to their adjusted gross incomes.

(b) Child care costs shall not exceed the level required to provide quality care from a licensed source for the children. The value of the federal income tax credit for child care shall be subtracted from actual costs to arrive at a figure for net child care costs.

(10) Adjustments for health-care expenditures for children.

(a) In orders issued pursuant to this section, the court shall also provide for the child's or children's current and future medical needs by ordering either parent or both parents to initiate medical or medical and dental insurance coverage for the child or children through currently effective medical or medical and dental insurance policies held by the parent or parents, purchase medical or medical and dental insurance for the child or children, or provide the child or children with current and future medical needs through some other manner. If a parent has been directed to provide insurance pursuant to this section and that parent's spouse provides the insurance for the benefit of the child or children either directly or through employment, a credit on the child support worksheet shall be given to the parent in the same manner as if the premium were paid by the parent. At the same time, the court shall order payment of medical insurance or medical and dental insurance deductibles and copayments.

(a.5) If a child is covered by insurance, the parent securing the coverage, the employer providing the coverage, or the insurance provider shall provide, upon request by the policy holder or by court order, the insurance provider's name, the insurance provider's telephone number, the group and policy number, and the claim address to the non-policy holder. The information must be provided unless otherwise ordered by the court for good cause shown. This subsection (10) authorizes the release of information to the other party or parties. After notice to the party or parties of this obligation, the court has the authority to fine the parent securing coverage for failure to provide the required information.

(b) The payment of a premium to provide health insurance coverage on behalf of the children subject to the order shall be added to the basic child support obligation and shall be divided between the parents in proportion to their adjusted gross income.

(c) The amount to be added to the basic child support obligation shall be the actual amount of the total insurance premium that is attributable to the child who is the subject of the order. If this amount is not available or cannot be verified, the total cost of the premium should be divided by the total number of persons covered by the policy. The cost per person derived from this calculation shall be multiplied by the number of children who are the subject of the order and who are covered under the policy. This amount shall be added to the basic child support obligation and shall be divided between the parents in proportion to their adjusted gross incomes.

(d) After the total child support obligation is calculated and divided between the parents in proportion to their adjusted gross incomes, the amount calculated in paragraph (c) of this subsection (10) shall be deducted from the obligor's share of the total child support obligation if the obligor is actually paying the premium. If the obligee is actually paying the premium, no further adjustment is necessary.

(e) Prior to allowing the health insurance adjustment, the parent requesting the adjustment must submit proof that the child or children have been enrolled in a health insurance plan and must submit proof of the cost of the premium. Any parent providing insurance coverage for the child pursuant to this section must notify the other party or parties and the delegate child support enforcement unit of any change or discontinuation of coverage as soon as practicable, but no later than fourteen days after the change.

(f) If a parent who is ordered by the court to provide medical or medical and dental insurance for the child or children has insurance that excludes coverage of the child or children because the child or children reside outside the geographic area covered by the insurance policy, the court shall order separate coverage for the child or children if the court determines coverage is available at a reasonable cost.

(g) Where the application of the premium payment on the guidelines and schedule of basic child support obligations results in a child support order of fifty dollars or less, or the premium payment is five percent or more of the parent's gross income, the court or delegate child support enforcement unit may elect not to require the parent to include the child or children on an existing policy or to purchase insurance. The parent is, however, required to provide insurance when it becomes available at a reasonable cost.

(h) (I) Any extraordinary medical expenses incurred on behalf of the children must be added to the basic child support obligation and divided between the parents in proportion to each parent's adjusted gross income. Ongoing extraordinary medical expenses may be added as an adjustment on the child support worksheet calculation only if the expenses are consistent and expected to continue. Extraordinary medical expenses that are not ongoing and consistent or that are otherwise not added to the child support worksheet claculation are subject to reimbursement among the parties.

(II) Extraordinary medical expenses include, but are not limited to, copayments, deductibles, and uninsured out-of-pocket expenses for reasonable costs that are reasonably necessary for professional medical care, prescription medication, medical equipment, orthodontia, dental treatment, asthma treatments, physical therapy, vision care, professional counseling or psychiatric therapy for behavioral or mental health disorders, and any uninsured health problem. For adults and children with disabilities or with a disabling condition who are eligible for long-term services and supports pursuant to article 6 of title 25.5 and who are not emancipated pursuant to subsection (13)(a)(II) of this section, extraordinary medical expenses may include any expense resulting from the adult's or child's disability or disabling conditions, including expenses that are reasonably necessary to support the adult's or child's health, protection, and quality of life. Extraordinary medical expenses may include, but are not limited to, medically necessary equipment, home and vehicle modification, recommended therapeutic activities, and reasonable respite care. Ordinary medical expenses included in the schedule of basic child support obligations that are not subject to allocation pursuant to subsection (10)(h)(I) of this section include minor expenses incurred in the course of caring for an adult or child, such as over-the-counter medication, bandages, or regular hygiene and health products, except when the minor expenses are recommended by the adult's or child's treatment provider to treat or manage the adult's or child's chronic conditions.

(III) (A) The party seeking reimbursement for an extraordinary medical expense that is not included as an adjustment in the monthly child support worksheet calculation and monthly child support order shall provide proof of the expense to the reimbursing party within a reasonable time after incurring the expense. Absent extraordinary circumstances, failure to provide proof of the expense to the reimbursing party by July 1 of the year following the calendar year in which the expense was incurred results in a waiver of the reimbursement.

(B) The party seeking reimbursement may file a motion for judgment of extraordinary medical expenses for that particular calendar year if the party fails to respond and reimburse the expenses or reach a payment arrangement with the requesting party within forty-nine days after the date the request was received. The motion must specify the amount of the expense incurred, the amount sought from the other party pursuant to subsection (10)(h)(I) of this section, and when and how the request for reimbursement was made to the other party. Any response to the motion must include any objection to the costs requested or proposed payment arrangements.

(11) Extraordinary adjustments to the schedule of basic child support obligations - periodic disability benefits.

(a) By agreement of the parties or by order of court, the following reasonable and necessary expenses incurred on behalf of the child must be divided between the parents in proportion to their adjusted gross income:

(I) Any expenses for attending any special or private elementary or secondary schools to meet the particular educational needs of the child or public school mandatory school fees; and

(II) Any expenses for transportation of the child, or the child and an accompanying parent if the child is less than twelve years of age, between the homes of the parents.

(b) Any additional factors that actually diminish the basic needs of the child may be considered for deductions from the basic child support obligation.

(c) (I) If the noncustodial parent receives periodic disability benefits granted by the federal "Old-age, Survivors, and Disability Insurance Act", 42 U.S.C. sec. 401 et seq., due to the disability of the noncustodial parent or receives employer-paid retirement benefits from the federal government due to the retirement of the noncustodial parent, the noncustodial parent shall notify the custodial party, and the delegate child support enforcement unit, if a party to the case, within sixty days after the noncustodial party receives notice of such benefits.

(II) Absent good cause shown, the custodial party must apply for dependent benefits for the child or children within sixty days after the custodial party receives notification pursuant to subsection (11)(c)(I) of this section and shall cooperate with the appropriate federal agency in completing any application for benefits. No later than seven days after receiving a social security benefit verification letter or other correspondence from the federal social security administration confirming the amount of the lump sum retroactive payment and the dates covered, the custodial party shall provide the noncustodial parent and the delegate child support enforcement unit, if the unit is a party to the case, with a copy of the letter or correspondence.

(III) In cases where the custodial parent receives periodic disability benefits granted by the federal "Old-age, Survivors, and Disability Insurance Act", 42 U.S.C. sec. 401 et seq., on behalf of dependent children due to the disability of the noncustodial parent or receives employer-paid retirement benefits from the federal government on behalf of dependent children due to the retirement of the noncustodial parent, the noncustodial parent's share of the total child support obligation as determined pursuant to subsection (8) of this section must be reduced in an amount equal to the amount of the benefits.

(d) In cases where the custodial parent receives a lump sum retroactive award for benefits granted by the federal old-age, survivors, or disability insurance benefits program, 42 U.S.C. sec. 7, on behalf of a dependent child due to the disability of the noncustodial parent, or receives a lump sum retroactive award for employer-paid retirement benefits from the federal government on behalf of a dependent child due to the retirement of the noncustodial parent, the lump sum award received by the custodial parent must be credited against any retroactive support judgment or any past-due child support obligation, regardless of whether the past-due obligation has been reduced to judgment owed by the noncustodial parent. This credit must not be given against any amounts owed by the noncustodial parent for debt as defined in section 14-14-104 or for any retroactive support or any arrearage that accrued prior to the date of eligibility for disability or retirement benefits as determined by the social security administration. Any lump sum retirement or disability payments due to the retirement or disability of the noncustodial parent, received by the custodial parent as a result of the retirement or disability of the noncustodial parent, paid for a period of time that precedes the date of such benefit date eligibility, or any amount in excess of the established child support order or judgment, must be deemed a gratuity to the child.

(12) Dependency exemptions.

(a) The court may allocate an income tax dependency exemption and the resulting tax benefit for a child and require the party who has the child in the party's physical custody for more than fifty percent of the calendar year to provide the other party a properly executed declaration that releases the party's claim to the child as a dependent pursuant to the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 152 (e). If an allocation of exemption is contested, the court must make findings supporting the court's decision for the allocation.

(b) In determining the allocation pursuant to subsection (12)(a) of this section, the court shall consider the following:

(I) The financial resources of each party;

(II) Any negative impacts on a party's ability to provide for the needs of the child if the party is not awarded the allocation of exemption;

(III) If one party or both parties would each receive a tax benefit from the right to claim the child for tax purposes pursuant to the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 152 (e). The filing status as head of household is not impacted by this designation.

(IV) The impact of the allocation of exemption on either party's ability to claim a premium tax credit or a premium subsidy pursuant to the federal "Patient Protection and Affordable Care Act", 42 U.S.C. sec. 18001 et seq., as amended by the federal "Health Care and Education Reconciliation Act of 2010", 42 U.S.C. sec. 1305 et seq., and any federal guidance or regulations issued pursuant to the federal acts.

(c) (I) The court may place reasonable conditions on a party's right to claim an allocation of exemption, including a requirement that the party remains in compliance with a child support obligation. In the event the party is not in compliance with a child support obligation or other court order, either party may move to modify the allocation of exemption.

(II) As used in this subsection (12)(c), "compliance with a child support obligation" means making ordered payments for the applicable tax year.

(d) If the court determines that a party has claimed an income tax dependency exemption in violation of a court order or applicable law, or has failed or refused to provide a properly executed written declaration that releases the party's claim to a child as a dependent to the other party as required by court order, the court may issue an order requiring compensation in the amount of the lost tax benefit and reasonable attorney fees and costs to the party who was wrongfully deprived of the income tax dependency exemption. A motion for relief must be brought within three years after the date of filing the income tax return in which the exemption was claimed or could have been claimed. A party who brings a meritless motion for relief may be ordered to pay reasonable attorney fees and costs to the other party.

(13) Emancipation.

(a) For child support orders entered on or after July 1, 1997, unless a court finds that a child is otherwise emancipated, emancipation occurs and child support terminates without either party filing a motion when the last or only child attains nineteen years of age unless one or more of the following conditions exist:

(I) The parties agree otherwise in a written stipulation after July 1, 1997;

(II) If the child is mentally or physically disabled, the court or the delegate child support enforcement unit may order child support, including payments for medical expenses or insurance or both, to continue beyond the age of nineteen;

(III) If the child is still in high school or an equivalent program, support continues until the end of the month following graduation. A child who ceases to attend high school prior to graduation and later reenrolls is entitled to support upon reenrollment and until the end of the month following graduation, but not beyond age twenty-one. A concurrent enrollment program, as defined in section 22-35-103, does not qualify as an equivalent program. A child participating in a concurrent enrollment program is emancipated once the child completes the local education provider's minimum high school graduation requirements.

(IV) If the child marries, the child shall be considered emancipated as of the date of the marriage. If the marriage is annulled, dissolved, or declared invalid, child support may be reinstated.

(V) If the child enters into active military duty, the child shall be considered emancipated.

(b) Nothing in paragraph (a) of this subsection (13) or subsection (15) of this section shall preclude the parties from agreeing in a written stipulation or agreement on or after July 1, 1997, to continue child support beyond the age of nineteen or to provide for postsecondary education expenses for a child and to set forth the details of the payment of the expenses. If the stipulation or agreement is approved by the court and made part of a decree of dissolution of marriage or legal separation, the terms of the agreement shall be enforced as provided in section 14-10-112.

(14) Advisement to parties - annual exchange of information.

(a) When a child support order is entered or modified, unless otherwise ordered by the court, the parties shall exchange information relevant to child support calculations on changes that have occurred since the previous child support order, and other appropriate information once a year or less often, for the purpose of updating and modifying the order without a court hearing. The parties shall use the approved standardized child support forms specified in subsection (4) of this section in exchanging financial information. The parents shall include the forms with any agreed modification or an agreement that a modification is not appropriate at the time. If the agreed amount departs from the guidelines and schedule of basic child support obligations, the parties shall furnish statements of explanation with the forms and shall file the documents with the court. The court shall review the agreement pursuant to this paragraph (a) and inform the parties by regular mail whether or not additional or corrected information is needed, or that the modification is granted, or that the modification is denied. If the parties cannot agree, a modification pursuant to this paragraph (a) shall not be entered; however, either party may move for or the court may schedule, upon its own motion, a modification hearing.

(b) Upon request of the noncustodial parent, the court may order the custodial parent to submit an annual update of financial information using the approved standardized child support forms, as specified in subsection (4) of this section, including information on the actual expenses relating to the children of the marriage for whom support has been ordered. The court shall not order the custodial parent to update the financial information pursuant to this paragraph (b) in circumstances where the noncustodial parent has failed to exercise parenting time rights or when child support payments are in arrears or where there is documented evidence of domestic violence, child abuse, or a violation of a protection order on the part of the noncustodial parent. The court may order the noncustodial parent to pay the costs involved in preparing an update to the financial information. If the noncustodial parent claims, based upon the information in the updated form, that the custodial parent is not spending the child support for the benefit of the children, the court may refer the parties to a mediator to resolve the differences. If there are costs for such mediation, the court shall order that the party requesting the mediation pay such costs.

(c) In any status conference, administrative conference, or hearing in which child support is at issue, the court or the delegate child support unit shall verbally advise the parties that failure to pay child support ordered by the court or as a result of an administrative process action may result in enforcement actions and the addition of interest on arrears and that an agreement to modify child support is not effective until approved by the court, or delegate child support unit for administrative orders, and entered as an order.

(15) Postsecondary education.

(a) This subsection (15) shall apply to all child support obligations established or modified as a part of any proceeding, including but not limited to articles 5, 6, and 10 of this title and articles 4 and 6 of title 19, C.R.S., prior to July 1, 1997. This subsection (15) shall not apply to child support orders established on or after July 1, 1997, which shall be governed by paragraph (a) of subsection (13) of this section.

(b) For child support orders entered prior to July 1, 1997, unless a court finds that a child is otherwise emancipated, emancipation occurs and child support terminates without either party filing a motion when the last or only child attains nineteen years of age unless one or more of the following conditions exist:

(I) The parties agree otherwise in a written stipulation after July 1, 1991;

(II) If the child is mentally or physically disabled, the court or the delegate child support enforcement unit may order child support, including payments for medical expenses or insurance or both, to continue beyond the age of nineteen;

(III) If the child is still in high school or an equivalent program, support continues until the end of the month following graduation, unless there is an order for postsecondary education, in which case support continues through postsecondary education as provided in this subsection (15). A child who ceases to attend high school prior to graduation and later reenrolls is entitled to support upon reenrollment and until the end of the month following graduation, but not beyond age twenty-one.

(IV) If the child marries, the child shall be considered emancipated as of the date of the marriage. If the marriage is annulled, dissolved, or declared invalid, child support may be reinstated.

(V) If the child enters into active military duty, the child shall be considered emancipated.

(c) If the court finds that it is appropriate for the parents to contribute to the costs of a program of postsecondary education, then the court shall terminate child support and enter an order requiring both parents to contribute a sum determined to be reasonable for the education expenses of the child, taking into account the resources of each parent and the child. In determining the amount of each parent's contribution to the costs of a program of postsecondary education for a child, the court shall be limited to an amount not to exceed the amount listed under the schedule of basic child support obligations in paragraph (b) of subsection (7) of this section for the number of children receiving postsecondary education. If such an order is entered, the parents shall contribute to the total sum determined by the court in proportion to their adjusted gross incomes as defined in paragraph (a) of subsection (3) of this section. The amount of contribution that each parent is ordered to pay pursuant to this subsection (15) shall be subtracted from the amount of each parent's gross income, respectively, prior to calculating the basic child support obligation for any remaining children pursuant to subsection (7) of this section.

(d) In no case shall the court issue orders providing for both child support and postsecondary education to be paid for the same time period for the same child regardless of the age of the child.

(e) Either parent or the child may move for an order at any time before the child attains the age of twenty-one years. The order for postsecondary education support may not extend beyond the earlier of the child's twenty-first birthday or the completion of an undergraduate degree.

(f) Either a child seeking an order for postsecondary education expenses or on whose behalf postsecondary education expenses are sought, or the parent from whom the payment of postsecondary education expenses are sought, may request that the court order the child and the parent to seek mediation prior to a hearing on the issue of postsecondary education expenses. Mediation services shall be provided in accordance with section 13-22-305, C.R.S. The court may order the parties to seek mediation if the court finds that mediation is appropriate.

(g) The court may order the support paid directly to the educational institution, to the child, or in such other fashion as is appropriate to support the education of the child.

(h) A child shall not be considered emancipated solely by reason of living away from home while in postsecondary education. If the child resides in the home of one parent while attending school or during periods of time in excess of thirty days when school is not in session, the court may order payments from one parent to the other for room and board until the child attains the age of nineteen.

(i) If the court orders support pursuant to this subsection (15), the court or delegate child support enforcement unit may also order that the parents provide health insurance for the child or pay medical expenses of the child or both for the duration of the order. The order shall provide that these expenses be paid in proportion to their adjusted gross incomes as defined in subsection (3) of this section. The court or delegate child support enforcement unit shall order a parent to provide health insurance if the child is eligible for coverage as a dependent on that parent's insurance policy or if health insurance coverage for the child is available at reasonable cost.

(j) An order for postsecondary education expenses entered between July 1, 1991, and July 1, 1997, may be modified pursuant to this subsection (15) to provide for postsecondary education expenses subject to the statutory provisions for determining the amount of a parent's contribution to the costs of postsecondary education, the limitations on the amount of a parent's contribution, and the changes to the definition of postsecondary education consistent with this section as it existed on July 1, 1994. An order for child support entered prior to July 1, 1997, that does not provide for postsecondary education expenses shall not be modified pursuant to this subsection (15).

(k) Postsecondary education support may be established or modified in the same manner as child support under this article.

(16) Child support commission.

(a) The child support guidelines, including the schedule of basic child support obligations, and general child support issues must be reviewed at least once every four years by a child support commission, which commission is hereby created. After the periodic review described in this section, the commission shall submit a report to the governor and to the general assembly explaining the commission's recommendations.

(b) As part of its review, the commission shall consider economic data on the cost of raising children and analyze case data on the application of, and deviations from, the guidelines and the schedule of basic child support obligations to be used in the commission's review to ensure that deviations from the guidelines and schedule of basic child support obligations are limited. Further, as part of its review, the commission shall consider:

(I) Establishing an adequate standard of support for children, subject to the parents' ability to pay;

(II) Making awards more equitable by ensuring more consistent treatment of persons in similar circumstances; and

(III) Improving the efficiency of the court process by promoting settlements and giving courts and the parties guidance on establishing levels of awards.

(c) (I) The child support commission consists of no more than twenty-one members. The commission is dedicated to including diverse perspectives in its recommendations.

(II) The governor shall appoint up to nineteen persons to the commission, who must include:

(A) Representatives of the judiciary and the Colorado bar association;

(B) The director of the division in the state department of human services who is responsible for child support services or the director's designee;

(C) A director of a county department of human or social services;

(D) The child support liaison to the judicial department;

(E) Interested parties;

(F) A certified public accountant; and

(G) At least four parent representatives, at least two of whom are present or past obligors and two of whom are present or past obligees.

(III) In making appointments to the commission, the governor shall attempt to ensure racial, economic, gender, and geographical diversity.

(IV) The remaining two members of the commission are a member of the house of representatives appointed by the speaker of the house of representatives and a member of the senate appointed by the president of the senate and must not be members of the same political party.

(d) Members of the child support commission shall be reimbursed for actual and necessary expenses for travel and mileage incurred in connection with their duties. The child support commission is authorized, subject to appropriation, to incur expenses related to its work, including the costs associated with public hearings, printing, travel, and research.

(d.5) and (e) (Deleted by amendment, L. 2013.)

Source: L. 71: R&RE, p. 527, § 1. C.R.S. 1963: § 46-1-15. L. 85: (2) added, p. 592, § 10, effective July 1. L. 86: (3) to (16) added, p. 718, § 1, effective November 1. L. 87: (3)(b), (5), IP(7)(a), (10)(a), (11), and (12) amended, (7)(b)(II), (15), and (16) repealed, (7)(d), (7)(e), (10)(c), and (17) added, and (8), (9), (13), and (14) R&RE, pp. 587, 588, 600, 591, 589, §§ 5, 7, 38, 9, 6, 8, effective July 10. L. 89: (7)(d.5) added and (17) amended, p. 792, §§ 14, 15, effective July 1. L. 90: (18) added, p. 890, § 10, effective June 7; (7)(a)(I)(A), (7)(c), and (13)(a)(III) amended and (7)(b)(III) added, pp. 564, 890, 889, §§ 35, 10, 9, effective July 1. L. 91: (18)(a) amended, p. 359, § 21, effective April 9; (1.5) added and (7)(b), (13), (14)(b), and (18) amended, p. 234, § 1, effective July 1. L. 92: (17) amended, p. 2171, § 18, effective June 2; (1.5)(b)(I), (2), (3)(a), (3)(b), (7)(a), (7)(e), (8), (10)(a)(II), (10)(c), (14)(c)(I), (18), and (18)(a) amended, (1.5)(d), (13.5), (14.5), and (16.5) added, (7)(e) repealed, and (10)(b) R&RE, pp. 166, 203, 188, 169, 198, 193, §§ 1, 9, 2, 3, effective August 1. L. 93: (1.5)(b)(I) and (3)(b)(III) amended and (1.5)(e) added, pp. 1556, 577, §§ 1, 7, effective July 1; (1.5)(b)(I), (2), and (10)(c) amended and (3.5) and (18)(e) added, pp. 1559, 1560, §§ 7, 8, effective September 1. L. 94: (1.5)(b)(I), (1.5)(e), (7)(a)(I)(A), (7)(b)(III), (7)(d.5)(I), and (18)(e) amended, p. 1536, § 5, effective July 1; (18)(a) amended, p. 2645, § 107, effective July 1. L. 96: IP(1), (2), (3)(a), (3)(b)(II), (7)(a)(I)(A), (7)(a)(I)(C), (7)(b)(I), (10)(a)(II), (11)(a), (12), (13.5), and (16.5) amended, p. 594, § 7, effective July 1. L. 97: (1.5) amended and (1.6) and (1.7) added, p. 565, § 20, effective July 1; (1.5), (3.5), (7)(b), and (18)(a) amended and (1.6) and (1.7) added, pp. 1264, 1312, §§ 8, 49, effective July 1; (5) and (17) amended, p. 561, § 5, effective July 1; (7)(a)(I)(B) amended, p. 1240, § 37, effective July 1. L. 98: (3)(a), (7)(d.5)(I), and (13)(a)(II) amended, p. 768, § 21, effective July 1; (7)(a)(I)(A) amended, p. 921, § 7, effective July 1; (4)(c), (8), (9), (10)(c), and (14) amended, p. 1398, § 42, effective February 1, 1999. L. 99: (3.5) amended, p. 1085, § 2, effective July 1; (7)(a)(I)(A) amended, p. 621, § 15, effective August 4. L. 2000: (18) amended, p. 1709, § 6, effective July 1. L. 2001: (18)(a) amended and (19) added, p. 721, § 4, effective May 31. L. 2002: (10)(a)(II), (10)(b), and (13.5)(h)(II) amended, p. 286, § 1, effective January 1, 2003. L. 2003: (3)(b)(III) amended, p. 1011, § 15, effective July 1; (10)(a)(II)(B), (10)(a)(II)(C), and (10)(a)(II)(D) amended, p. 1264, § 51, effective July 1. L. 2004: (5), (10)(a)(II)(A), (13.5)(h)(II), and (19) amended, p. 385, § 1, effective July 1. L. 2005: (1.6) amended, p. 80, § 1, effective August 8. L. 2006: IP(1.6) amended, p. 516, § 1, effective August 7. L. 2007: Entire section amended with relocated provisions, p. 73, § 1, effective March 16; (16)(d.5) added, p. 178, § 7, effective March 22; (13)(a)(IV), (13)(a)(V), (15)(b)(IV), and (15)(b)(V) added and IP(15)(b) amended, p. 1649, §§ 5, 3, effective May 31; (6)(b)(I) and (10)(a) amended, p. 1651, § 7, effective January 1, 2008. L. 2008: (4)(b) and (5)(b)(I) amended, p. 1347, § 1, effective July 1. L. 2009: (5)(a)(I)(H) amended, (SB 09-282), ch. 288, p. 1397, § 59, effective January 1, 2010. L. 2013: (5)(a)(I)(D), (5)(a)(I)(O), (5)(a)(I)(W), (6)(b)(I), (7)(a)(II)(B), (7)(a)(II)(C), (7)(a)(II)(D), and (16) amended, (5)(a)(II)(E) and (11)(d) added, and (7)(b) R&RE, (HB 13-1209), ch. 103, pp. 327, 332, §§ 1, 2, effective January 1, 2014. L. 2014: (16)(d) amended, (SB 14-153), ch. 390, p. 1961, § 7, effective June 6. L. 2016: (6), (8)(e), (10)(g), and (14)(a) amended, (HB 16-1165), ch. 157, pp. 493, 494, 495, §§ 4, 5, 6, 7, effective January 1, 2017. L. 2017: (3)(f) and (3)(g) amended, (SB 17-294), ch. 264, p. 1391, § 29, effective May 25; (10)(h)(II) amended, (SB 17-242), ch. 263, p. 1295, § 113, effective May 25; (16)(a) amended, (SB 17-234), ch. 154, p. 520, § 1, effective August 9. L. 2018: (3)(a), IP(5)(a)(I), and (5)(a)(I)(Y) amended and (5)(a)(I.5) added, (HB 18-1385), ch. 251, p. 1546, § 2, effective August 8; (16)(c) amended, (SB 18-092), ch. 38, p. 400, § 14, effective August 8. L. 2019: (5)(b)(I) and (5)(b)(III) amended and (5)(b)(I.5) and (5)(b.5) added, (HB 19-1215), ch. 270, p. 2521, § 1, effective July 1; (16)(a) amended, (HB 19-1215), ch. 270, p. 2552, § 2, effective July 1; (3)(c.5) and (8)(g) added and (6)(b), (7)(a)(II)(B), (7)(a)(II)(C), (7)(a)(II)(D), (7)(b), IP(11)(a), (11)(a)(I), and (11)(c) amended, (HB 19-1215), ch. 270, p. 2521, § 1, effective July 1, 2020. L. 2021: (6)(b), (7)(a)(II)(C), (7)(a)(II)(D), and (7)(b) amended, (HB 21-1220), ch. 212, p. 1118, § 1, effective July 1. L. 2022: (16)(c) amended, (SB 22-013), ch. 2, p. 21, § 24, effective February 25. L. 2023: (3)(a)(II), (3)(a)(III), (5)(a)(I.5), (5)(a)(II)(C), (5)(b.5)(II)(N), (5)(b.5)(II)(O), (10)(e), and (10)(h)(II) amended and (5)(a)(IV), (5)(b.5)(II)(P), (10)(a.5), and (10)(h)(III) added, (SB 23-173), ch. 330, p. 1971, § 3, effective July 1; (16)(b), (16)(c)(I), (16)(c)(II)(B), (16)(c)(II)(G), (16)(c)(III), and (16)(d) amended, (SB 23-173), ch. 330, p. 1981, § 21, effective August 1; (2)(a) amended, (SB 23-173), ch. 330, p. 1970, § 1, effective September 1; (4)(a) amended and (4)(c) and (14)(c) added, (SB 23-173), ch. 330, p. 1970, § 2, effective July 1, 2024. L. 2025: (2)(a), IP(5)(a), (5)(a)(III)(B), (5)(a)(IV), (10)(h), (11)(c)(II), (12), and (13)(a)(III) amended, (HB 25-1159), ch. 334, p. 1731, § 2, effective May 31; (3)(g.5) and (8)(h) added, (3)(h), (3)(i), (7)(a), (8)(a), (8)(b), and (8)(c) amended, and (7)(b) R&RE, (HB 25-1159), ch. 334, p. 1731, § 2, effective March 1, 2026; (8)(g)(II) added by revision, (HB 25-1159), ch. 334, pp. 1731, 1766, §§ 2, 13. L. 2026: (7)(a)(V)(B), (7)(a)(V)(C), (7)(a)(VI), (8)(a), and (8)(b) amended, (HB 26-1217), ch. 113, p. 454, § 1, effective May 5.

Editor's note: (1) This section was amended in Senate Bill 07-015, resulting in the relocation of provisions. For a detailed comparison of relocated provisions, see the table located in the back of the index.

(2) Subsection (16.5)(d.5) was originally numbered as subsection (18)(a.5), and the amendments to it in Senate Bill 07-076 were harmonized with Senate Bill 07-015 and renumbered as subsection (16)(d.5).

(3) Subsection (8)(g)(II) provided for the repeal of subsection (8)(g), effective March 1, 2026. (See L. 2025, pp. 1731, 1766.)

Cross references: (1) For provisions concerning deductions for health insurance from wages due an obligor ordered to provide health insurance, see § 14-14-112.

(2) For the legislative declaration contained in the 1993 act amending subsection (3)(b)(III), see section 1 of chapter 165, Session Laws of Colorado 1993. For the legislative declaration contained in the act amending subsection (18)(a), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration contained in the 1997 act amending subsections (1.5), (3.5), (7)(b), and (18)(a) and enacting subsections (1.6) and (1.7), see section 1 of chapter 236, Session Laws of Colorado 1997. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.

(3) For the "Old-age, Survivors, and Disability Insurance Act", see 42 U.S.C. sec. 401 et seq.

ANNOTATION

I. General Consideration.

II. Duty of Support.

IV. Past Due Support.

I. GENERAL CONSIDERATION.

Law reviews. For article, "What Really Happens in Child Support Cases: An Empirical Study of Establishment and Enforcement of Child Support Orders in the Denver District Court", see 57 Den. L.J. 21 (1979). For article, "Automatic Escalation Clauses Relating to Maintenance and Child Support", see 12 Colo. Law. 1083 (1983). For article, "Support Calculation Revisited", see 12 Colo. Law. 1647 (1983). For article, "Domestic Case Update", see 14 Colo. Law. 209 (1985). For article, "Child Support Guidelines: Will They Cause More Problems Than They Cure?", see 15 Colo. Law. 408 (1986). For article, "Summary of the Report on the Colorado Commission Child Support and Proposed Child Support Guidelines", see 15 Colo. Law. 665 (1986). For article, "New Child Support Guideline Adopted", see 15 Colo. Law. 1662 (1986). For article, "Key Issues in the Colorado Child Support Guidelines", see 16 Colo. Law 51 (1987). For article, "Postsecondary Education Costs: Forging Through a Legislative Labyrinth", see 24 Colo. Law. 43 (1995). For article, "Calculating Income in Child Support Cases", see 25 Colo. Law. 53 (Mar. 1996). For article, "Post-secondary Education Expenses: A Multi-tiered Approach", see 27 Colo. Law. 61 (Jan. 1998). For article, "Determining Gross Income for Child Support Purposes", see 32 Colo. Law. 65 (May 2003). For article, "The State of Voluntary Unemployment and Underemployment in Colorado", see 34 Colo. Law. 49 (Nov. 2005). For article, "Colorado Child Support Case Law Update", see 36 Colo. Law. 79 (Oct. 2007). For article, "Postsecondary Education Expenses after Chalat: Paying College Expenses after Divorce", see 38 Colo. Law. 19 (Jan. 2009). For article, "Child Support Continuation for Disabled Children", see 40 Colo. Law. 61 (Dec. 2011). For article, "Retroactive Child Support: Conflicting Decisions and Practical Advice", see 41 Colo. Law. 91 (Aug. 2012). For article, "'Til Death Do Us Part", see 46 Colo. Law. 34 (July 2017). For article, "A Primer on Executive Compensation in a Colorado Divorce — Part 1", see 51 Colo. Law. 26 (May 2022). For article, "A Primer on Executive Compensation in a Colorado Divorce — Part 2", see 51 Colo. Law. 34 (June 2022). For article, "Psychological Parents and Child Support", see 51 Colo. Law. 24 (Nov. 2022). For article, "The Treatment of SLATs in the Event of a Dissolution of Marriage", see 53 Colo. Law. 42 (June 2024). For article, "The Algorithmic Family", see 53 Colo. Law. 44 (Sept.-Oct. 2024).

Annotator's note. Since § 14-10-115 is similar to § 14-10-115 as it existed prior to the 2007 amendment relocating provisions, § 46-1-5 (1)(c), C.R.S. 1963, § 46-1-5, CRS 53, and CSA, C. 56, § 8, relevant cases construing those provisions have been included in the annotations to this section.

This section does not violate equal protection, due process, and privacy rights, and enforcement of the section is not an unconstitutional taking of property or an ongoing threat of imprisonment for debt. A distinction between sets of parents based on marital status is rationally related to the legitimate state interest to insure that children of divorced or separated parents receive support despite the divorce or separation. Stillman v. State, 87 P.3d 200 (Colo. App. 2003).

Because it approximates the amount of parental income that the child would have received in an intact family, application of the child support guidelines is not arbitrary, capricious, fundamentally unfair, or coercive. Stillman v. State, 87 P.3d 200 (Colo. App. 2003).

There may be a remedy for child support apart from a divorce action. Scheer v. District Court, 147 Colo. 265, 363 P.2d 1059 (1961).

Duty of child support is independent, and is not limited to, entry of decree of dissolution. In re Price, 727 P.2d 1073 (Colo. 1986).

Uniform Dissolution of Marriage Act provides separate sections that govern the different elements of a dissolution order, specifically property disposition, maintenance, child support, and attorney fees. The court is required to make separate orders regarding these elements based on separate considerations and may not commingle one element with another. In re Huff, 834 P.2d 244 (Colo. 1992).

Child has standing to seek support for herself under this section. In re Conradson, 43 Colo. App. 432, 604 P.2d 701 (1979).

Reasonable and necessary business expenses may be satisfied before support payment. Obligations relating to reasonable and necessary expenses associated with maintaining the structure and solvency of a business or the production of income can be satisfied before payment of child support. In re Crowley, 663 P.2d 267 (Colo. App. 1983).

Interest accrues on arrearages from the date each installment becomes due. In re Pote, 847 P.2d 246 (Colo. App. 1993).

Award of past pregnancy expenses and support. There is no jurisdiction under this section to award expenses incurred prior to the date of the filing of a motion for child support. In re Garcia, 695 P.2d 774 (Colo. App. 1984).

Reasonable to charge support against Colorado property of out-of-country father. Where the trial court ordered the father, who resides in Norway, to pay child support in a lump sum amount, and the court further ordered that such sum should be a charge against certain Colorado property interests of the father, such order was reasonable and not confiscatory. Berge v. Berge, 189 Colo. 103, 536 P.2d 1135 (1975).

Subsection (1.5)(a)(II) provides that emancipation occurs and an order for child support terminates when a child attains 19 years of age, unless the child is then mentally or physically disabled and, if a child is physically or mentally incapable of self-support upon attaining majority at age 21, the duty of parental support continues for the duration of the disability. Koltay v. Koltay, 667 P.2d 1374 (Colo. 1983); In re Cropper, 895 P.2d 1158 (Colo. App. 1995).

The plain language of subsection (1)(b)(I) creates no exemption for separation agreements entered into under and consistent with earlier legislation. Although the parties' specific intention in 1991 separation agreement to share four years of college costs prevailed over general intention that child would be emancipated at 21 years of age, subsection (1)(b)(I) nevertheless controls and requires that father's college cost obligation terminates upon the earlier of the child's 21st birthday or completion of a four-year college program. In re Crowder, 77 P.3d 858 (Colo. App. 2003).

Subsection (1.5)(c) was modified to distinguish between orders for postsecondary education costs entered prior to, and after, July 1, 1997, when in a distinct departure from prior law, the court could no longer enter orders for postsecondary education expenses absent written agreement of the parties. In re Chalat, 94 P.3d 1191 (Colo. App. 2004), aff'd in part, rev'd in part on other grounds, 112 P.3d 47 (Colo. 2005).

Subsection (1.5)(c.5) was added in 1997 to clarify that the convoluted legislation that had been passed since 1991 was applicable to all orders that concerned postsecondary education expenses and that were established or modified prior to July 1, 1997. In re Chalat, 94 P.3d 1191 (Colo. App. 2004), aff'd in part, rev'd in part on other grounds, 112 P.3d 47 (Colo. 2005).

Tax exemptions. Court has authority to divide tax exemptions between the parents. In re Berjer, 789 P.2d 468 (Colo. App. 1989); In re Nielson, 794 P.2d 1097 (Colo. App. 1990); In re Larsen, 805 P.2d 1195 (Colo. App. 1991).

Court must allocate dependency exemption between the parties based on their respective gross incomes. Federal tax law contemplates such an allocation, and does not preempt it. S.F.E. in Interest of T.I.E., 981 P.2d 642 (Colo. App. 1998).

When allocating tax exemptions between the parents, the phrase "contributions to the costs of raising the children" refers to the percentage of child support attributed to each parent in the course of making the child support computation. In re Staggs, 940 P.2d 1109 (Colo. App. 1997).

The trial court may consider the allocation of tax exemptions in a motion for modification. In re Oberg, 900 P.2d 1267 (Colo. App. 1994).

A parent may not be ordered to pay an ex-spouse child support amounts for a period prior to entry of a child support order. In re Pote, 847 P.2d 246 (Colo. App. 1993).

Husband's discovery request that wife list all gifts, including without limitation, jewelry, clothes, entertainment, travel, and restaurant meals provided to her or the children by her current husband; list all amounts paid by wife's current husband directly to wife or to other parties from which she received a benefit, including attorney fees, maid service, cable television, mortgage payments, car and home repairs, insurance, and utilities; and list all assets purchased for which her current husband contributed, and husband's definition of "income" to include "all funds available for your use, including gifts" was significantly broader than the statutory definition of gross income, and therefore, denial of husband's motion to compel was proper. In re Seanor, 876 P.2d 44 (Colo. App. 1993).

Applied in Smith v. Casey, 198 Colo. 433, 601 P.2d 632 (1979); In re Hartford, 44 Colo. App. 303, 612 P.2d 1163 (1980); In re Dickey, 658 P.2d 276 (Colo. App. 1982); In re Steele, 714 P.2d 497 (Colo. App. 1985); In re Stone, 749 P.2d 467 (Colo. App. 1987).

II. DUTY OF SUPPORT.

Law reviews. For article, "Psychological Parents and Child Support", see 51 Colo. Law. 24 (Nov. 2022).

This section includes adopted children as well as natural children. In re Ashlock, 629 P.2d 1108 (Colo. App. 1981).

Absent a legal parent-child relationship, there is no duty to support a child under this section. In re Bonifas, 879 P.2d 478 (Colo. App. 1994).

Husband and wife who sought and were granted custody of a non-biological child under a parental responsibility order owed a duty of support to the child, and trial court had the authority in their dissolution of marriage proceeding to order husband to pay child support pursuant to subsections (1) and (17). In re Rodrick, 176 P.3d 806 (Colo. App. 2007).

Although this section does not define "psychological parent", it is a well-founded legislative concept in other parts of statute. In this case, the father was unquestionably the psychological parent to children. He fought for and obtained orders for parenting time and certain decision-making responsibilities. Because he not only sought to remain in the children's lives but was granted such opportunity by the court, he is also bound by the parental duty to financially support those children. In re A.C.H., 2019 COA 43, 440 P.3d 1266.

A maternal grandmother who received parental responsibilities through a dependency and neglect proceeding is not a "psychological parent" under In re A.C.H. annotated above and therefore not a parent under this section and therefore cannot be ordered to pay child support. The maternal grandmother voluntarily assumed parental responsibilities for the child through a dependency and neglect proceeding and never sought permanent custody through an adoption proceeding. Her willingness to assume responsibilities while parents were unfit did not transform her into a permanent custodian or psychological parent. Therefore, the court did not err in not imposing a child support obligation on her after father became fit. In re Bergeson-Flanders, 2022 COA 18, 509 P.3d 1083.

Only the parents' incomes and not the guardians' are to be included in the determination of child support, as supported by § 15-14-209 (2), which states, "A guardian need not use the guardian's personal funds for the ward's expenses". Sidman v. Sidman, 240 P.3d 360 (Colo. App. 2009).

Section contemplates a parent being responsible for the support of his children, not his former spouse, however reprehensible his behavior. Therefore it was error to award the reimbursement of mother's transportation costs as child care. In re Kluver, 771 P.2d 34 (Colo. App. 1989).

Child must reside and be supported by spouse granted custody and support. Wife who has been granted child custody is only entitled to support payments when the children were actually with her and supported by her. Brown v. Brown, 183 Colo. 356, 516 P.2d 1129 (1973).

This section contemplates that, when in a divorce case, custody of a minor child is awarded to the wife, an order for its support may be made on the husband, and in proceeding to such order the court looks only to the future. Gourley v. Gourley, 101 Colo. 430, 73 P.2d 1375 (1937).

It was not an abuse of discretion for trial court to award child support during the pendency of the dissolution proceeding. In re Atencio, 47 P.3d 718 (Colo. App. 2002).

Where plaintiff alleged that defendant was the father of the minor children of the parties, but had failed and refused to support them, and that they were in need of support which he has the means and ability to provide, if established by evidence, plaintiff would be entitled to appropriate relief. Hutchinson v. Hutchinson, 149 Colo. 38, 367 P.2d 594 (1961).

Person without funds or profitable employment not relieved of support obligation. Merely because a spouse desires to work on a long-range investment does not relieve him of his obligation to support his children, and the fact that a person is without funds and without profitable employment has been held not to preclude the allowance of reasonable alimony and support where nothing but a disinclination to work, regardless of the motive therefor, interferes with his ability to earn a reasonable living. Berge v. Berge, 33 Colo. App. 376, 522 P.2d 752 (1974), aff'd, 189 Colo. 103, 536 P.2d 1135 (1975).

Where the oldest of three children of the parties was living with father, the trial court did not abuse its discretion in declining to award plaintiff support money for all of the children, since such award would require defendant to pay twice for support of child in his custody. Cohan v. Cohan, 150 Colo. 249, 372 P.2d 149 (1962).

Custodial parent can be ordered to pay support to noncustodial parent under Uniform Dissolution of Marriage Act. In re Fest, 742 P.2d 962 (Colo. App. 1987).

In order for child support to be calculated according to shared physical custody, sufficient evidence must be submitted that each parent keeps the children overnight for more than 25% of the time and that both parents contribute to the expenses of the children in addition to the payment of child support. In re Redford, 776 P.2d 1149 (Colo. App. 1989).

There is no statutory requirement that any particular amount of expense be proven by the parent seeking a support adjustment for shared physical custody. In re Redford, 776 P.2d 1149 (Colo. App. 1989).

Application of shared custody formula that results in a support payment by the custodial parent to the noncustodial parent is not necessarily prohibited. In re Antuna, 8 P.3d 589 (Colo. App. 2000).

Where there was an absence of evidence from husband establishing that he contributed to the child's financial needs, there was no basis for application of the shared custody formula under worksheet B. In re Antuna, 8 P.3d 589 (Colo. App. 2000).

Where a mother removed her child from the state and deliberately concealed her whereabouts from the father, and by her affirmative acts voluntarily assumed responsibility for the child's support for a period of several years, during which time it appears that the child wanted for nothing necessary to health, comfort, and welfare, the mother was not in a position to claim reimbursement for such support. Griffith v. Griffith, 152 Colo. 292, 381 P.2d 455 (1963).

Where a father asserted that his right to direct and select the nature of the education of his son coexisted with the obligation to contribute to the costs of the education, it was held that it was for the divorced wife as custodian to make the decisions concerning the place and nature of the son's college education, subject only to the approval of the divorce court acting with due regard for the financial capabilities of the father. Van Orman v. Van Orman, 30 Colo. App. 177, 492 P.2d 81 (1971).

A divorced father did not have an absolute duty to pay for the college expenses of his minor child. Van Orman v. Van Orman, 30 Colo. App. 177, 492 P.2d 81 (1971).

When it had been properly demonstrated at trial that the welfare of the child would be served by further education at the college level, the father could properly be compelled to contribute to the costs of such education on a basis commensurate with the father's ability to pay until such time as the child attained majority or was otherwise emancipated. Van Orman v. Van Orman, 30 Colo. App. 177, 492 P.2d 81 (1971).

Travel expenses for a child, including the travel expenses of the guardians accompanying the child, shall be divided between the parents. Court did not apply the correct legal standard when it ordered the guardians to travel with juvenile at their own expense. Sidman v. Sidman, 240 P.3d 360 (Colo. App. 2009).

Award of retroactive child support is error. Since the court lacked proper jurisdiction to enter support orders until husband was personally served, its attempt to order retroactive child support was void. In re McKendry, 735 P.2d 908 (Colo. App. 1986).

Termination of support pursuant to decree. Absent a provision in the decree or a court order to the contrary, a father's duty to support pursuant to a decree which was paid to his ex-wife terminated with her death, although his common law and statutory duty of support continued. Application of Connolly, 761 P.2d 224 (Colo. App. 1988).

Phrase "each will contribute whatever may be necessary for the support of their children" creates a binding promise on part of father to contribute to children's financial support. In re Meisner, 807 P.2d 1205 (Colo. App. 1990).

"Absolute requirement" or "necessary requirement" is not the appropriate standard to apply in determining whether private school was an appropriate placement for a child. The court should consider whether private schooling meets the child's particular educational needs. In re Eaton, 894 P.2d 56 (Colo. App. 1995).

A motion to quash subpoenas issued to third persons allegedly contributing to support of children was properly granted where the voluntary donations of such parties had nothing to do with a defendant's duty to support children. Garrow v. Garrow, 152 Colo. 480, 382 P.2d 809 (1963).

Support for adult child. A dissolution action is a proper proceeding to enforce continued support of an adult child. Koltay v. Koltay, 667 P.2d 1374 (Colo. 1983).

III. AWARD OF SUPPORT.

A. Amount.

B. Discretion of Court.

C. Modification.

D. Termination upon Emancipation.

A. Amount.

Law reviews. For article, "Calculation of Potential Income in Child Support Matters", see 20 Colo. Law. 233 (1991). For article, "Postsecondary Education Costs: Forging Through a Legislative Labyrinth", see 24 Colo. Law. 43 (1995).

Needs of the children are of paramount importance in determining child support obligations. Wright v. Wright, 182 Colo. 425, 514 P.2d 73 (1973); In re Van Inwegen, 757 P.2d 1118 (Colo. App. 1988).

There is no mathematical formula for establishing a just and equitable property settlement or alimony or support. Carlson v. Carlson, 178 Colo. 283, 497 P.2d 1006 (1972).

The guidelines for calculating child support require a court to calculate a monthly amount of child support based on the parties' combined adjusted gross income, adjust the child support based upon the needs of the children for extraordinary medical expenses and work-related child care costs, and allocate each parent's share based on the physical custody arrangements. In re Aldrich, 945 P.2d 1370 (Colo. 1997).

Adoption subsidy. An adoption subsidy should not be considered a credit against the noncustodial parent's child support obligation. The underlying intent of the child support statute is best served by declining to offset a noncustodial parent's support obligation by the amount of an adoption subsidy or to consider the subsidy as a factor that may diminish the child's basic needs within the meaning of subsection (13)(b). In re Bolding-Roberts, 113 P.3d 1265 (Colo. App. 2005).

An award of alimony and child support should bear a reasonable relationship to the needs of a wife and children. Vines v. Vines, 137 Colo. 449, 326 P.2d 662 (1958).

Subsection (1)(a) authorizes the court to consider social security disability payments received on behalf of the children in calculating child support. In re Quintana, 30 P.3d 870 (Colo. App. 2001).

Social security disability benefits received by custodial parent for benefit of child on account of custodial parent's disability are not included in the custodial parent's gross income but are instead considered a financial resource of the child pursuant to subsections (2)(b)(I) and (11)(b). In re Anthony-Guillar, 207 P.3d 934 (Colo. App. 2009).

The extent to which the child's social security disability payment represents a "reduction in need" of the child is a question to be determined by the trial court based upon the totality of the circumstances. The court is not bound to deduct the entire amount of the child's social security disability payment from the basic support obligation. In re Anthony-Guillar, 207 P.3d 934 (Colo. App. 2009).

Social security survivor benefits should not be treated any differently than disability benefits. Thus, survivor benefits received by the wife in a representative capacity for son from previous marriage should not be included in wife's gross income for purposes of calculating husband's support obligation for daughter. In re Ross-Ooley, 251 P.3d 1221 (Colo. App. 2010).

Trial court did not err in excluding adoption subsidies and foster care payments from mother's gross income in child support considerations. These payments are income of the children on whose behalf the mother receives them and are not part of mother's income. In re Dunkle, 194 P.3d 462 (Colo. App. 2007).

Father is not entitled to an offset of his support obligation against the benefit amount he receives through his railroad retirement on behalf of his child since he retains the payments and he is the noncustodial parent. In re Zappanti, 80 P.3d 889 (Colo. App. 2003).

Subsection (1.5)(b)(I) does not require that expenses be absolutely necessary but only that they be reasonable. In re Eaton, 894 P.2d 56 (Colo. App. 1995); In re Elmer, 936 P.2d 617 (Colo. App. 1997).

Determination of conscionability of support provisions. To determine whether the child support provisions of a separation agreement which has been incorporated into a prior dissolution decree are fair, reasonable, and just, a trial court should consider and apply all the criteria provided by the general assembly for judicial evaluation of the provisions of property settlement agreements: the economic circumstances of the parties, § 14-10-112; the division of property, § 14-10-113(1); and the provisions for maintenance, § 14-10-114(1). In re Carney, 631 P.2d 1173 (Colo. 1981).

In determining whether the terms of the original child support decree have become unconscionable, the trial court should apply the criteria set forth in subsection (1). In re Hughes, 635 P.2d 933 (Colo. App. 1981); In re Gomez, 728 P.2d 747 (Colo. App. 1986).

In a divorce action, particularly with respect to the care, custody, and maintenance of minor children, the court, at the time of making an award for the minor children, was obligated to appraise conditions as they exist at the time of the presentation. Brown v. Brown, 131 Colo. 467, 283 P.2d 951 (1955); Watson v. Watson, 135 Colo. 296, 310 P.2d 554 (1957); Garrow v. Garrow, 152 Colo. 480, 382 P.2d 809 (1963); In re Serfoss, 642 P.2d 44 (Colo. App. 1981); In re McKendry, 735 P.2d 908 (Colo. App. 1986).

Parent's net income is primary consideration in determining support. With regard to a parent's ability to pay support for his child, net income after reasonable and justifiable business expenses should be the primary consideration. In re Crowley, 663 P.2d 267 (Colo. App. 1983).

The applicable rule of support ability is the father's ability to pay weighed against the reasonable needs of his children, because society does not require a father in poor or moderate circumstances to support children on a higher scale just because the family once so lived or because the mother may desire to so live after the divorce. Kane v. Kane, 154 Colo. 440, 391 P.2d 361 (1964).

In making its award of child support, a trial court must weigh the father's ability to pay against the reasonable needs of the children. Berge v. Berge, 33 Colo. App. 376, 522 P.2d 752 (1974), aff'd, 189 Colo. 103, 536 P.2d 1135 (1975).

Where the father's income, while substantial, is limited and subject to numerous demands, an order contemplating only the needs of the child and not bearing any relationship to the ability of the father to pay, and that could possibly become confiscatory of all of the father's available resources, is not valid. Van Orman v. Van Orman, 30 Colo. App. 177, 492 P.2d 81 (1971).

Finding as to earning capacity not confiscatory. Where the evidence supports the court's finding that the husband is capable of earning sums greatly in excess of his present net salary, although it appears that the court based its order on the present net income of the husband, the orders are not confiscatory. In re Anderson, 37 Colo. App. 55, 541 P.2d 1274 (1975).

Order that husband pay one-half of extraordinary medical and dental bills of the children, while unlimited as to amount or duration, was not confiscatory considering that the expenses were to be borne equally by each parent. In re Anderson, 37 Colo. App. 55, 541 P.2d 1274 (1975).

Factors considered in assessing propriety of child support provisions in separation agreement. In assessing the propriety of child support provisions in a separation agreement, the court must consider, in addition to unconscionability, other factors, such as the living standards the child would have enjoyed had the parties not dissolved the marriage and the physical and emotional well-being of the child. In re Brown, 626 P.2d 755 (Colo. App. 1981).

Child support obligations cannot be altered by agreement of the parents. Wright v. Wright, 182 Colo. 425, 514 P.2d 73 (1973).

Child support cannot be based on financial resources of nonparent with whom child living. The factors to be considered in making a support award do not include the financial resources of a nonparent with whom the child is living. In re Conradson, 43 Colo. App. 432, 604 P.2d 701 (1979).

Estimates of children's expenses to be considered. A trial court should not determine the amount of child support to be paid by a husband based solely on some amount that it feels is commensurate with his income but should make the determination on evidence that includes estimates of the actual needs and expenses of the children involved. In re Berry, 660 P.2d 512 (Colo. App. 1983).

A court must consider and make findings concerning a reasonable pro rata portion of necessary general family expenses as "necessary for support of the child." In re Klein, 671 P.2d 1345 (Colo. App. 1983).

Standard of living employed in determination of child support. Where the evidence shows that the standard of living at the time of separation in all probability would have continued but for the dissolution, that is the standard of living the court must employ in its determination of child support. In re Klien, 671 P.2d 1345 (Colo. App. 1983).

This section does not require specific findings of fact concerning children's assets, but only that, before determining the amount of support to be paid by a parent, the court consider, among other things the financial resources of the child. In re Wolfert, 42 Colo. App. 433, 598 P.2d 524 (1979).

Obligation of support not affected by gifts or transfers. The intent of the uniform act, § 11-50-101 et seq., is to allow custodians to disburse funds whether or not the children are adequately supported. Gifts under that act do nothing to relieve a parent of the separate duty to support the children, nor does that act authorize the custodian to disburse the funds as a means of fulfilling the parent's obligation of support. In re Wolfert, 42 Colo. App. 433, 598 P.2d 524 (1979).

Where a parent or parents voluntarily make gifts to children during the parents' marriage and the gifts are not in fulfillment of a court order to pay support, and where the parents are, at the time of dissolution of the marriage, able to meet their support obligations, the court may order that such gifts not be used to reduce the legal obligation of support. This rule assumes that the court has properly considered the financial resources of the children as required by subsection (1), before ordering the amount of support to be paid by the parents. In re Wolfert, 42 Colo. App. 433, 598 P.2d 524 (1979).

Court may order life insurance naming children as beneficiaries be maintained by parent obligated to pay child support, just as its provisions for child support now extend beyond the death of the parent, unless otherwise provided. In re Icke, 35 Colo. App. 60, 530 P.2d 1001 (1974), aff'd, 189 Colo. 319, 540 P.2d 1076 (1975).

Award of additional $6,000 for "recreational opportunities" for children was fairly embraced within the factors to be considered by court in dividing marital property and did not create a separate "recreational fund" for the needs of the children in the nature of child support. In re Jackson, 698 P.2d 1347 (Colo. 1985).

The judgment in the divorce action did not determine the limits of the husband's obligation to support the children, and the children were not parties to that action, and their rights were not concluded thereby. Scheer v. District Court, 147 Colo. 265, 363 P.2d 1059 (1961).

Where there was no verification of the father's income as required by this section, the trial court was directed to take additional evidence to determine the income and to modify the support order. In re Velasquez, 773 P.2d 635 (Colo. App. 1989).

Trial court may draw inference that parent was concealing income, where parent refused to make a willing disclosure of financial status. In re Sgarlatti, 801 P.2d 18 (Colo. App. 1990).

Although the general assembly specifically provided for the use of extrapolation for combined gross income amounts falling between amounts shown in the guideline schedule, it did not provide for the use of extrapolation when combined gross incomes fall above or below the guideline schedule. In re Van Inwegen, 757 P.2d 1118 (Colo. App. 1988).

Section guidelines applicable in determination of amount of modified award despite fact that guidelines were enacted after the original support order. In re Anderson, 761 P.2d 293 (Colo. App. 1988).

Application of new child support guidelines resulting in more than a ten percent change in support due creates a rebuttable presumption that existing support award must be modified. In re Pugliese, 761 P.2d 277 (Colo. App. 1988).

The general assembly intended income imputation to be an important exception to the normal rule of computation based on actual gross income of the parent. This exception applies when the parent shirks his or her child support obligation by unreasonably foregoing higher paying employment that he or she could obtain. The legislature meant this exception to prevent detriment to children by deterring parents from making employment choices that do not account for their children's welfare. Nevertheless, the general assembly intended courts to approach income imputation with caution. People v. Martinez, 70 P.3d 474 (Colo. 2003).

Imputing to voluntarily unemployed wife an income equal to income that of a person employed at the minimum wage even though evidence indicated that wife had been offered a higher paying job was not abuse of court's discretion given evidence of wife's ill health and problems in obtaining day care. In re Beyer, 789 P.2d 468 (Colo. App. 1989).

Imputing of full-time income to mother working part-time was error where mother did not voluntarily choose part-time employment but was required to stay home during the day to care for one of her children who had Downs syndrome. In re Pote, 847 P.2d 246 (Colo. App. 1993).

Court abused its discretion in finding that mother's underemployment was voluntary where mother worked only 32 hours per week so that she would have time to take the parties' child, who had cerebral palsy, to physical therapy. In re Foss, 30 P.3d 850 (Colo. App. 2000).

Interest was properly included in calculation of imputed income. In re Jaeger, 883 P.2d 577 (Colo. App. 1994).

"Overtime", in determination of parent's gross income (prior to 1996 amendment), does not include income from "extra" jobs. In re Marson, 929 P.2d 51 (Colo. App. 1996).

It was proper for the trial court to find that the overtime worked by father was required and to include such income within the father's gross income for the following reasons: (1) In his position as equity owner, director, and officer of the family-owned corporation, he was his own supervisor; (2) the evidence established, and the court found, that his position as vice-president and job-site foreman required that he work more than other employees as evidenced by his own testimony that his job as foreman could not always be done in a 40-hour week; and (3) the evidence established that the reason the father was required to work twenty to 25 hours of overtime per week was to assure that the jobs for which he was responsible would be completed in a timely fashion in order to avoid penalties that would work a direct financial disadvantage to the father. In re Rice & Foutch, 987 P.2d 947 (Colo. App. 1999).

Trial court did not abuse its discretion in excluding mother's overtime pay from the determination of her gross income. Mother chose to work extra hours voluntarily, and the overtime was not required as a condition of her employment. In re Dunkle, 194 P.3d 462 (Colo. App. 2007).

Section imposes no burden on one parent to prove that an available job exists for the other parent. Rather, the determination of income hinges on the ability of the parent to perform work. In re Mackey, 940 P.2d 1112 (Colo. App. 1997).

Court is merely required by subsection (7)(b)(I) to determine potential income and statute imposes no burden on one parent to prove that an available job exists for the other parent or that a particular job is available. In re Bregar, 952 P.2d 783 (Colo. App. 1997).

In order to impute income based upon a parent's voluntary underemployment, the trial court must examine all relevant factors bearing on whether the parent is shirking his or her child support obligation by unreasonably foregoing higher paying employment that he or she could obtain, and, if the parent is, the trial court must determine what he or she can reasonably earn and contribute to the child's support. If the trial court does not find that the parent is shirking his or her child support obligation by unreasonably foregoing higher paying employment, the court should calculate the amount of child support from actual gross income only. People v. Martinez, 70 P.3d 474 (Colo. 2003).

In determining if a parent is voluntarily underemployed, the factors the court may consider may include: The firing and post-firing conduct of the parent; the amount of time the parent spent looking for a job of equal caliber before accepting a lower paying job; whether the parent refused an offer of employment at a higher salary; whether the parent sought a job in the field in which he or she has experience and training; the availability of jobs for a person with the parent's level of education, training, and skills; the prevailing wage rates in the region; the parent's prior employment experience and history; and the parent's history of child support payment. People v. Martinez, 70 P.3d 474 (Colo. 2003).

The court must make findings sufficient to support a determination of underemployment. Imputing support without factual findings supporting a determination of underemployment is in error. In re Martin, 42 P.3d 75 (Colo. App. 2002); In re Garrett, 2018 COA 154, 444 P.3d 812.

Father not underemployed where mother presented no evidence that employment at income previously earned by father was available to him, no evidence of alternative employment at a higher level of remuneration than he presently earned, and no evidence that support to the children had been unreasonably reduced. In re Campbell, 905 P.2d 19 (Colo. App. 1995).

Trial court properly found father was voluntarily underemployed where father, a licensed attorney, had opted for inactive status and worked seasonally for an apple orchard at $10 per hour. In re Elmer, 936 P.2d 617 (Colo. App. 1997).

Trial court properly declined to find that father was voluntarily unemployed or underemployed where he voluntarily refused to file a claim for damages resulting from a work-related accident. In re England, 997 P.2d 1288 (Colo. App. 1999).

Loss of employment due to addiction and re-employment at a lower wage does not constitute voluntary underemployment; however, a person who has been involuntarily terminated from a position for drug use may subsequently become voluntarily unemployed or underemployed based on actions taken after the termination. In re Atencio, 47 P.3d 718 (Colo. App. 2002).

The trial court erroneously computed child support by relying solely upon the husband's income and disregarding the wife's statutory obligation to contribute to the child's support. If both parents have actual income, or a reasonable ability to earn income, it is erroneous as a matter of law to allocate the support obligation to one parent. In re Sewell, 817 P.2d 594 (Colo. App. 1991).

In computing child support, the trial court erred in failing to consider either the wife's income as represented by the monthly maintenance award or her ability to earn income from the marital property distributed to her under the court's decree. In re Sewell, 817 P.2d 594 (Colo. App. 1991).

For purposes of child support, father's income, as derived from the exercise of stock options, is limited to the difference between his purchase price of the optioned stock and the price at which he then sold it. In re Campbell, 905 P.2d 19 (Colo. App. 1995).

Court should initially include the amount of a capital gain as a component of gross income for the year in which the gain was received. Thereafter, the court has authority to deviate from the child support guidelines if their application would be inequitable, unjust, or inappropriate. In re Zisch, 967 P.2d 199 (Colo. App. 1998).

When considering capital gains from the sale of property awarded in a property division, the court shall include in gross income only those capital gains realized from post-property division appreciation in the property. In re Upson, 991 P.2d 341 (Colo. App. 1999).

Court erred in not deducting ordinary and necessary expenses from capital gains when self-employed. For purposes of determining a person's gross income, when the person was self-employed as a builder of custom homes, ordinary and necessary expenses incurred to sell property should have been deducted from the person's gross income. In re Glenn, 60 P.3d 775 (Colo. App. 2002).

Husband's taxable distributions from a subchapter S corporation owned wholly by him and two partners, one of whom had left, while not properly considered as extra income, should have been included as gross income, less ordinary and necessary business expenses. In re Upson, 991 P.2d 341 (Colo. App. 1999).

In determining monthly child support obligation for the period following the year in which a capital gain is received, the court should impute as income to the party a rate of return that the net capital gain, after taxes, can reasonably be expected to generate. In re Zisch, 967 P.2d 199 (Colo. App. 1998).

Unrealized capital gains in an investment account do not constitute income for purposes of calculating child support. In re Schaefer, 2022 COA 112, 522 P.3d 732.

Subsection (7)(a) does not provide for deduction of federal and state income taxes in computing gross income, including from lottery winnings, for purposes of calculating child support. In re Bohn, 8 P.3d 539 (Colo. App. 2000).

The amount received as gross income from lottery winnings is used to calculate child support for the year in which the income is received. Thereafter, if a parent invests a portion of the funds which were received as income in one year, any interest earned in the subsequent years is properly included as gross income for purposes of calculating child support in those years. In re Bohn, 8 P.3d 539 (Colo. App. 2000).

Income from an irrevocable trust of which wife was beneficiary should not be omitted from wife's gross income for purposes of calculating child support, even though the trial court correctly declined to treat the income as property subject to division. In re Pooley, 996 P.2d 230 (Colo. App. 1998).

If a parent is voluntarily unemployed or underemployed, child support must be based on the parent's potential income. While a parent is entitled to remain underemployed, the other parent's child support obligation may not be increased as a result. In re Mackey, 940 P.2d 1112 (Colo. App. 1997).

The magistrate did not err in imputing to the father the annual income he had earned prior to his resignation. The evidence amply supports the magistrate's determination that the father quit his job because he won the lottery, that he was physically capable of working but was voluntarily unemployed, and that his decision to resign from his job was not a good faith career choice. In re McCord, 910 P.2d 85 (Colo. App. 1995).

Trial court did not err in imputing income to husband absent findings regarding involuntary job loss, ability to pay, and needs of the child. Although the child's needs may be considered in determining the amount of child support that must be paid at a given level of income, nothing in subsection (7) suggests that the child's needs are relevant to the determination of a parent's income. In re Yates, 148 P.3d 304 (Colo. App. 2006).

Mother's decision to accept travel agency job, rather than to collect unemployment benefits until she found a higher paying job, was a good faith career choice and she therefore was not voluntarily underemployed. In re McCord, 910 P.2d 85 (Colo. App. 1995).

Trial court has the prerogative to determine that husband's decision to leave the practice of law and pursue cattle ranching does not fit the exceptions set forth in subsection (7)(b)(III)(B), where husband argued the change was a good faith career choice, was not intended to reduce the support available to his children, and did not unreasonably reduce support. In re Bregar, 952 P.2d 783 (Colo. App. 1997).

Person who is involuntarily terminated from his position due to his own misconduct is not voluntarily unemployed or underemployed. Whether a person lost a job because of willful or knowing misconduct is not determinative of whether the person is voluntarily unemployed or underemployed. What is determinative is the person's subsequent course of action and decision making. A person who has been involuntarily terminated from a position may thereafter become voluntarily unemployed or underemployed by not attempting in good faith to obtain new employment at a comparable salary or by refusing to accept suitable employment offers. People ex rel. J.R.T., 55 P.3d 217 (Colo. App. 2002), aff'd sub nom. People v. Martinez, 70 P.3d 474 (Colo. 2003).

"Support available to a child" in subsection (7)(b)(III)(B) is not synonymous with "basic child support obligation" elsewhere in this section. "Basic child support obligation", as defined in subsection (10), typically involves consideration of both parties' respective incomes. "Support available to a child" in subsection (7)(b)(III)(B), however, focuses on the career decision and any associated income change of the putatively underemployed parent that affects his or her ability to provide child support. People ex rel. Cerda v. Walker, 32 P.3d 628 (Colo. App. 2001).

Thus, if the mother has improved her ability to provide child support, it does not necessarily mean that the father's voluntary underemployment did not unreasonably reduce his ability to provide child support. Because both parents have a duty to support a child to the best of their abilities, an increase in one parent's ability to provide child support cannot serve as justification for the other parent's unreasonable reduction in his or her ability to provide child support. People ex rel. Cerda v. Walker, 32 P.3d 628 (Colo. App. 2001).

In computing parental income for purposes of establishing child support payments, child support for other dependents which a parent is legally obligated to pay, shall be deducted, and such deduction is not limited to amounts actually paid pursuant to such obligation. In re Eze, 856 P.2d 75 (Colo. App. 1993).

The intent of this section is that a parent who is legally responsible for the support of other children be given a deduction, within statutory guidelines, for child support actually paid, regardless whether an order for that support had been entered. Thus, when a prior support order does not reflect the parent's full legal responsibility for support, the parent is entitled to a deduction under paragraph (d.5) of subsection (7), instead of under paragraph (d), in determining the parent's gross income. In re K.M.T., 33 P.3d 1276 (Colo. App. 2001).

Adequate proof of child support obligations actually paid for other dependents is required when computing parental income for the purpose of establishing child support for present dependents. In re Dickson, 983 P.2d 44 (Colo. App. 1998).

"Maintenance actually paid by a parent", as used in subsection (10)(a)(II), includes payments made by a parent to a former spouse. It is not limited to payments made to the mother of the child in the paternity proceedings before the court; it includes all maintenance payments made by a parent. In Interest of A.R.W., 903 P.2d 10 (Colo. App. 1994).

The court must consider the father's and the child's financial resources in addition to considering the mother's resources in deciding the appropriate amount of the parents' contributions to the child's college expenses. In re Eaton, 894 P.2d 56 (Colo. App. 1995) (decided under law in effect prior to 1993 amendment).

Court did not err in including $350 rent in father's gross income without excluding allowable business deductions since record revealed nothing to warrant reversal of the trial court's implicit determination that any claimed expenses were not necessary or required to produce the rental income in question. In re Cropper, 895 P.2d 1158 (Colo. App. 1995).

Trial court should have considered mother's detailed evidence of the children's living expenses and the fact that father provided and fully paid for a residence for the children in determining the child support obligation, given the difficulty in applying Colorado child support guidelines to the needs of children in Russia. People ex rel. A.K., 72 P.3d 402 (Colo. App. 2003).

Once the requisites for shared physical custody have been established, subsection (10)(c) requires that the child support obligation be adjusted by the mathematical formula contained in subsection (14)(b). In re Redford, 776 P.2d 1149 (Colo. App. 1989).

If trial court deviates from the guidelines, it is required to make findings that application of the guidelines would be inequitable and specifying the reasons for the deviation. Thus, when court deviated from guidelines, it was required to find either that one of the relevant factors in subsection (1) applied or that the husband did not make contributions to the child's expenses beyond what he was obligated to pay in child support. In re Marshall, 781 P.2d 177 (Colo. App. 1989).

Modification of award required where trial court deviates from guidelines but fails to make findings required by subsection (3)(a). In re Sgarlatti, 801 P.2d 18 (Colo. App. 1990).

Trial court must make provision for expense of transportation of child between homes of parents, which expense is to be divided between parents in proportion to their adjusted gross income. In re Marshall, 781 P.2d 177 (Colo. App. 1989); In re Sgarlatti, 801 P.2d 18 (Colo. App. 1990).

Trial court did not err in including transportation expenses in the child support calculation before those expenses were actually known since there was no dispute as to the parents' income and the magistrate was free to adopt the percentage share of the father's income as shown in the father's computation. In re Andersen, 895 P.2d 1161 (Colo. App. 1995).

Husband's personal injury settlement payments are a financial resource that constitutes "gross income" under the child support guidelines. In re Fain, 794 P.2d 1086 (Colo. App. 1990).

Proper for court to base child support calculation on father's monthly income from his railroad annuity despite that income deriving from a previously divided asset since the property division does not change the status of those monthly payments as an income source to be considered in determining the husband's child support obligation. In re Zappanti, 80 P.3d 889 (Colo. App. 2003).

For investments, income is limited to the gain on the original investment. However, a party's characterization of payments as a return on investment is not binding on the court. In re Laughlin, 932 P.2d 858 (Colo. App. 1997).

Trial court did not err in using a two-year average of father's investment income when calculating father's overall income for the purposes of calculating child support. In re Rice and Foutch, 987 P.2d 947 (Colo. App. 1999).

No error in the trial court's conclusion that father's "actual gross income" included interest or dividends which had accrued to his IRA but which he had not withdrawn. The use of the word "actual" in subsection (7)(a) does not limit gross income to that "actually received". In re Tessmer, 903 P.2d 1194 (Colo. App. 1995).

Trial court correctly excluded father's voluntary enhanced retirement program (VERP) benefit from calculation of his gross income. In determining whether the VERP benefit constitutes income for child support purposes, the court must answer the following questions: (1) Is the VERP benefit severance pay? (2) Is the VERP benefit an employer contribution to pension and retirement benefits? (3) Should an undistributed employer contribution be treated as income? (4) Does father's option to elect a lump sum distribution or monthly annuity payments of his retirement account, including the VERP benefit, mean that the VERP benefit should be credited as income? In re Mugge, 66 P.3d 207 (Colo. App. 2003).

The requirements that father voluntarily retire rather than be terminated and that he provide a general release of the employer distinguish the VERP benefit from a typical severance pay program, and thus the VERP benefit was not severance pay includable within the statutory definition of gross income. In re Mugge, 66 P.3d 207 (Colo. App. 2003).

The employer denominated the VERP benefit as a retirement benefit, credited the benefit to the father's retirement account in its pension plan, and calculated the amount using age and years of service, therefore the VERP benefit was an employer-contributed pension or retirement benefit. In re Mugge, 66 P.3d 207 (Colo. App. 2003).

Because the employer determined the amounts of pension plan contributions and the employees did not have the option of directly receiving the amounts as wages, prior to any distribution, the employer's VERP contribution to father's account in its pension plan did not constitute gross income for consideration under the child support guidelines. In re Mugge, 66 P.3d 207 (Colo. App. 2003).

VERP benefit should not be treated as gross income for child support purposes merely because father could have elected a lump sum distribution or monthly annuity payments instead of rolling the benefit over into another qualified pension plan. In re Mugge, 66 P.3d 207 (Colo. App. 2003).

Employer contributions to father's insurance plans not income for child support purposes. Similar to employer retirement plan contributions, father did not have the option to take the contributions as wages and use them for general living expenses, so such contributions are not properly considered income for purposes of the child support calculation. In re Davis, 252 P.3d 530 (Colo. App. 2011).

Deferred compensation in father's nonqualified retirement plan is not income for child support purposes under the Uniform Parentage Act. Applying the definition of income in this section, the court determined that it was not income because father did not have the ability to use it to pay his expenses, including child support. Father was not vested in the plan, there was no account in his name, the plan would pay only upon retirement if certain conditions were met, and father would forfeit the plan if he was fired, quit, or retired before age sixty-five, and once retired, it would pay out over 10 years. In re N.J.C., 2019 COA 153M, 467 P.3d 1209.

Extraordinary medical expenses were required to be divided between the parties in direct proportion to their adjusted gross income and added to the basic child support, even where the child's condition existed and was known at the time of the original agreement where the parties agreed to each pay one-half of these expenses. In re Nielsen, 794 P.2d 1097 (Colo. App. 1990).

Meaning of "adjusted gross income". Definition of "adjusted gross income" in subsection (10)(a) does not provide for the deduction of federal and state income taxes or FICA taxes in computation for child support purposes. In re Baroni, 781 P.2d 191 (Colo. App. 1989).

The fact that certain items may be deductible on a party's federal income tax return does not require exclusion from gross income under the child support guideline. In re Eaton, 894 P.2d 56 (Colo. App. 1995).

Trial court did not err in determining that "gross income" included the foreign service premium, the commodities and services allowance, and the expatriate tax equalization payment made to compensate person for the cost of living in a foreign locale. In re Stress, 939 P.2d 500 (Colo. App. 1997).

Meaning of "extraordinary medical expenses". Extraordinary medical expenses, as defined in subsection (12)(b), must be "uninsured". Where psychological counseling services were insured expenses under the father's medical insurance plan, trial court erred in requiring him to pay for child's counseling by a psychologist not participating in the plan absent a finding that such counseling was not adequately or reasonably covered by the plan. In re Ahrens, 847 P.2d 257 (Colo. App. 1993).

A parent's obligation for extraordinary medical expenses is an integral part of the child support obligation and, as such, is nondischargeable in bankruptcy. Parent who provided letter to court asserting the obligation had been discharged was ordered to pay for his share of the extraordinary medical expenses on behalf of the children. In re Campbell, 140 P.3d 320 (Colo. App. 2006).

Basic allowance for quarters (BAQ) constitutes an in-kind payment that is income for child support purposes. In re Long, 921 P.2d 67 (Colo. App. 1996).

Military housing and food allowances are part of gross income under the plain language of subsection (5)(a)(I)(X). In re Parental Responsibilities of L.K.Y., 2013 COA 108, 410 P.3d 492.

Military housing and food allowances that are not paid to children or on behalf of the children but rather are paid to the parent as part of parent's salary should not be deducted under subsection (11)(b) as financial resources of the children despite the fact that the parent is the recipient of temporary child support. In re Parental Responsibilities of L.K.Y., 2013 COA 108, 410 P.3d 492.

Increased cost for the addition of teenage son to automobile insurance is not an extraordinary expense under subsection (13). In re Long, 921 P.2d 67 (Colo. App. 1996).

Court does not have authority to impute a gross income where actual income is tax exempt. Rather the amount received each month shall be deemed to be a gross income. In re Fain, 794 P.2d 1986 (Colo. App. 1990).

"Gross" income for purposes of calculating child support can include the amount of income an asset could reasonably be expected to generate even if that asset has been consumed prior to the support determination. In re Laughlin, 932 P.2d 858 (Colo. App. 1997).

The burden is upon the parent contesting the support order to prove that a deviation from the presumptive award is both reasonable and necessary. In re Baroni, 781 P.2d 191 (Colo. App. 1989).

No automatic adjustment of gross income for non-ordered support. Non-ordered child support payments to others are not to be determined by a mechanical application of the child support schedule. Rather the impact of payment of non-ordered obligations must be evaluated as provided in subsection (3)(a). People in Interest of C.D., 767 P.2d 809 (Colo. App. 1989).

Party alleging that payment of non-ordered support obligation requires deviation from presumptive award determined under statutory guidelines has burden to prove the claim. Deviation from guidelines must be shown reasonable and necessary considering certain enumerated factors. People in Interest of C.D., 767 P.2d 809 (Colo. App. 1989).

An agreement of the parties regarding child support, custody, and visitation does not bind the court, and the court must review child support guidelines to determine the adequacy of the child support agreement of the parties. In re Micaletti, 796 P.2d 54 (Colo. App. 1990).

Trial court's apportionment of costs for child's guardian ad litem upheld where court apportioned costs between mother and father on the basis of the underemployed mother's potential income. Weber v. Wallace, 789 P.2d 427 (Colo. App. 1989).

Specific written or oral findings must be made by the court to support deviation from the child support amounts specified by the statutory schedule, and this applies to approving a stipulation of the parties. In re Miller, 790 P.2d 890 (Colo. App. 1990); In Interest of D.R.V., 885 P.2d 351 (Colo. App. 1994).

Where the parties' gross income exceeded the uppermost level of income scheduled in the guidelines and the minimum child support amount is presumed to be set forth in the highest level in the guidelines, this presumption may be rebutted, and the court must exercise discretion considering the financial resources of both parents and the children, the physical and emotional condition of the children and their educational needs, the needs of the noncustodial parent, and the standard of living that the children would have enjoyed had the parents' marriage not been dissolved. In re Schwaab & (Colo. App. 1999), aff'd in part, rev'd in part on other grounds, 25 P.3d 28 (Colo. 2001).

Where parties' gross income exceeded the uppermost level of income in the guidelines, trial court was required to calculate the minimum presumptive amount of support and, in addition, translate the children's higher standard of living into specific monetary requirements. In re Bookout, 833 P.2d 800 (Colo. App. 1990).

There is a rebuttable presumption that the basic child support obligation at the upper level of the guidelines is the minimum presumptive amount of support. Where father won five million dollars in the Colorado state lottery and the parties' adjusted gross incomes thereafter exceeded the uppermost levels of the guidelines, the court remanded the case for a redetermination of child support. In re Foss, 30 P.3d 850 (Colo. App. 2000).

Where parties' income exceeded the highest combined gross income level set out in the guidelines, the gross disparity in their incomes may explain the initial basis for deviation by the court, but additional findings concerning the needs of the children must be entered to establish the amount of deviation ordered. In re Upson, 991 P.2d 341 (Colo. App. 1999).

Where parties' income exceeded the highest combined gross income level set forth in the guidelines, the amount set for child support at the highest combined gross income level reflects the minimum, not maximum, presumptive amount. In such circumstances, the court may use its discretion to determine a higher amount based on the factors set forth in subsection (2)(b). In re Boettcher, 2018 COA 34, 454 P.3d 321, aff'd, 2019 CO 81, 449 P.3d 382.

Because the children's needs are of paramount importance in determining the child support obligation, in calculating the appropriate amount of child support, the court should look at, among other things, the costs of food, shelter, clothing, medical care, education, and recreational costs at the level enjoyed before the dissolution. In re Schwaab & Rollins, 794 P.2d 1112 (Colo. App. 1990).

Viewing the statute as a whole, the means of meeting the "particular educational needs of a child" are not limited to providing private school only when a child has a learning disability or otherwise qualifies for a program of special education. In re Payan, 890 P.2d 264 (Colo. App. 1995).

Where the mother has sole custody of the three children, and there is a different visitation schedule for each child, in deciding whether the shared custody calculation for child support is applicable, the court must calculate the number of overnight stays for each child, divide each by three and total the results to determine the total amount of time the father spends with the children. If the cumulative number of overnights is less than 25% of the year, the shared custody calculation is inapplicable. In re Quam, 813 P.2d 833 (Colo. App. 1991).

Court erred in beginning the child support calculation for children with different parenting time schedules who are in the mother's primary care by using a separate worksheet for each child. This error effectively treated each child as an only child under the guidelines and resulted in an inflated child support amount. The court did not enter sufficient findings to support a deviation from the presumed amount under the guidelines. In re Wells, 252 P.3d 1212 (Colo. App. 2011).

Each parent in a dissolution proceeding has the obligation to support their children to the best of their abilities, and the court may determine that one parent's failure to find or keep a job is a voluntary refusal to carry out a support obligation. In re Nordahl, 834 P.2d 838 (Colo. App. 1992).

Costs of high school extracurricular activities such as cheerleading, driver's education, sports, and debate do not qualify as higher educational expenses under subsection (13). In re Ansay, 839 P.2d 527 (Colo. App. 1992).

Inclusion of ice skating fees in the support calculation as a reasonable and necessary expense was warranted. In re Laughlin, 932 P.2d 858 (Colo. App. 1997).

Trial court erred in ordering parent to pay percentage of children's estimated educational expenses without specifying sum to be paid. In re Pollock, 881 P.2d 470 (Colo. App. 1994).

Because of a lack of certainty of future bonuses, the court did not abuse its discretion in refusing to estimate the amount of any possible future bonuses for present support purposes. In re Finer, 920 P.2d 325 (Colo. App. 1996).

The trial court did not err in not considering income from the parties' mentally retarded adult son in calculating child support obligation. The trial court is not bound to deduct automatically the amount of a child's income from the basic child support obligation when that income does not reduce the need for parental support. In re Folwell, 910 P.2d 91 (Colo. App. 1995).

Trial court did not abuse its discretion setting appropriate amount of child support when it included the child's pro rata share of the standard and ongoing living expenses in wife's monthly needs. In re Balanson, 996 P.2d 213 (Colo. App. 1999), aff'd, 25 P.3d 28 (Colo. 2001).

The first $250 of uninsured medical expenses per child per year is included in the shared basic child support obligation of parents with equal parenting time. The trial court properly rejected father's argument that wife should pay the first $250 in uninsured medical expenses per year per child. Each party must pay uninsured medical expenses incurred during their parenting time until the child's expenses for the year exceed $250, at which time a parent may seek reimbursement from the other for the proportional share of expenses incurred for the child. A court could deviate from the guidelines if one parent were likely to incur all of these expenses despite shared equal parenting time. In re Alvis, 2019 COA 97, 446 P.3d 963.

Court did not err in failing to include husband's GI bill tuition assistance and stipend for books and supplies in husband's income for purposes of calculating child support. The tuition payment was not available for husband's discretionary use or to reduce living expenses and would in no discernable way assist him in paying maintenance or child support. In re Tooker, 2019 COA 83, 444 P.3d 856.

For the purposes of calculating child support obligation, father's veteran's disability benefits fall within the broad definition of gross income, despite being nontaxable. In re M.E.R-L., 2020 COA 173, 490 P.3d 1010.

B. Discretion of Court.

Determination of child support is in the sound discretion of the trial court, and in the absence of an abuse of that discretion, not shown here, it will not be disturbed on review. Brigham v. Brigham, 141 Colo. 41, 346 P.2d 302 (1959); Lanz v. Lanz, 143 Colo. 73, 351 P.2d 845 (1960); Huber v. Huber, 143 Colo. 255, 353 P.2d 379 (1960); Carlson v. Carlson, 178 Colo. 283, 497 P.2d 1006 (1972); Ferguson v. Ferguson, Colo. App. , 507 P.2d 1110 (1973); Berge v. Berge, 33 Colo. App. 376, 522 P.2d 752 (1974), aff'd, 189 Colo. 103, 536 P.2d 1135 (1975); In re Krise, 660 P.2d 920 (Colo. App. 1983); In re Garcia, 695 P.2d 774 (Colo. App. 1984); In re Pierce, 720 P.2d 591 (Colo. App. 1985).

Alimony, support, and property settlement issues were formerly considered together to determine whether the court had abused its discretion, and in making the determination, the court would consider a variety of factors, including whether the property was acquired before or after marriage, the efforts and attitudes of the parties towards its accumulation, the respective ages and earning abilities of the parties, the conduct of the parties during the marriage, the duration of the marriage, their stations in life, their health and physical condition, the necessities of the parties, their financial condition, and other relevant circumstances. Carlson v. Carlson, 178 Colo. 283, 497 P.2d 1006 (1972).

Court may consider only relevant provisions of section. In awarding child support, a trial court is obligated to consider only the relevant provisions of this section. It commits reversible error by considering matters related to adoption. In re Ashlock, 629 P.2d 1108 (Colo. App. 1981).

In granting a divorce a court has no authority under the statute to decree that a part of the property of the husband shall be the sole property of his children. Menor v. Menor, 154 Colo. 475, 391 P.2d 473 (1964); Giambrocco v. Giambrocco, 161 Colo. 510, 423 P.2d 328 (1967).

The trial court was without authority to direct the husband to give to each of his children a share in a future estate which he may or may not acquire, because the obligation of the defendant is to provide reasonable support for his children according to their need, within the range of his ability, and a father of children is under no obligation to settle any property upon his children, or to deed them an interest in any asset; on the contrary he may by will or deed or other voluntary act disinherit a child if he sees fit to do so. Menor v. Menor, 154 Colo. 475, 391 P.2d 473 (1964); Giambrocco v. Giambrocco, 161 Colo. 510, 423 P.2d 328 (1967).

Former husband may not discover the amount of former wife's current husband's income but may discover the existence of former wife's income in the form of regular payments made to the former wife by her current husband. In re Nimmo, 891 P.2d 1002 (Colo. 1995).

Although trial court abused its discretion in modifying child support and cause was remanded upon appeal, the trial court order for child support remained in full force and effect pending entry of a new support order. In re Van Inwegen, 757 P.2d 1118 (Colo. App. 1988).

Court improperly ordered noncustodial mother to make support payments when the court made a finding that the mother did not have the financial ability to pay child support. In re Jarman, 752 P.2d 1068 (Colo. App. 1988).

There is a rebuttable presumption in any action to establish or modify child support that $1,000 is the minimum presumptive amount of child support for one child when the parental combined income exceeds the uppermost levels of the guideline; however, the trial court may exercise its discretion and choose to set a different amount after consideration of all relevant factors. In re Van Inwegen, 757 P.2d 1118 (Colo. App. 1988).

As a matter of law, the trial court may not initially refuse to apply child support guidelines. In re Thornton, 802 P.2d 1194 (Colo. App. 1990).

Cost of a nanny may be included in the calculation of child support. S.F.E. in Interest of T.I.E., 981 P.2d 642 (Colo. App. 1998).

Trial court erred in failing to divide uninsured medical expenses in proportion to parents' adjusted gross incomes without making necessary findings to support deviation from guidelines. In re Pollock, 881 P.2d 470 (Colo. App. 1994).

The trial court has discretion to order that the reasonable and necessary costs of a child's attendance at a private school be divided between the parents in proportion to their income. In re Elmer, 936 P.2d 617 (Colo. App. 1997) (decided prior to 1998 amendment to subsection (13)(a)(II)); In re West, 94 P.3d 1248 (Colo. App. 2004).

Attendance at a private school may be approved where it is necessary to meet the particular educational needs of the child. In re West, 94 P.3d 1248 (Colo. App. 2004).

In determining whether the children's parochial school tuition should be approved prospectively as a reasonable and necessary expense, the court should consider the parents' income, the standard of living that the children would have enjoyed if the parents' marriage had not been dissolved, and other factors as appropriate. In re West, 94 P.3d 1248 (Colo. App. 2004).

The trial court exceeded its authority in ordering the husband to fund an educational trust for the benefit of the parties' son. The courts have been granted no authority to order the creation of a trust for the benefit of minor children. In re Sewell, 817 P.2d 594 (Colo. App. 1991).

Trial court did not abuse its discretion in ordering the husband to pay all college expenses of the parties' son. Use of word "divided" in subsection (13) does not imply that both parents must contribute to each item of support; court is given discretion in subsection (1) to order "either or both" parents to pay support. In re Huff, 834 P.2d 244 (Colo. 1992) (decided under law in effect prior to enactment of subsection (1.5), dealing specifically with postsecondary education support).

A parent may also be required to contribute to the costs associated with a child's athletic activities in some cases. The child's particular needs and predissolution standard of living are among the factors to be considered by the court. In re West, 94 P.3d 1248 (Colo. App. 2004).

Psychiatric therapy for child was properly included as an extraordinary medical expense in an order under this section. In re Elmer, 936 P.2d 617 (Colo. App. 1997).

Trial court erred in allocating to father all of child's travel expenses for visitation, rather than proportionately allocating them between the parties, in absence of finding that such allocation was appropriate. In re Elmer, 936 P.2d 617 (Colo. App. 1997) (decided prior to 1998 amendment to subsection (13)(a)(II)).

Child support guideline does not provide for allocation between the parties of a parent's travel expenses. In re Elmer, 936 P.2d 617 (Colo. App. 1997) (decided prior to 1998 amendment to subsection (13)(a)(II)).

Adjustment of the child support amount to allow for transportation expenses is not limited to expenses incurred in long distance or interstate travel and does apply to automobile expenses incurred in transporting a child between the homes of the parents. In re L.F., 56 P.3d 1249 (Colo. App. 2002).

Award constituted an application of, and not a deviation from, the guidelines where the evidence and the findings were sufficient to support only a partial offset of the child's income for her pro rata share of reasonable and necessary monthly expenses as well as the maintenance of a fund for vacations, one-time purchases, and other occasional expenses. In re Cropper, 895 P.2d 1158 (Colo. App. 1995).

The burden is upon the parent contesting the support order to prove that a deviation from the presumptive award is both reasonable and necessary. In re Stress, 939 P.2d 500 (Colo. App. 1997).

Trial court did not abuse its discretion in finding that parent did not meet this burden. In re Stress, 939 P.2d 500 (Colo. App. 1997).

Trial court may deviate from the child support guidelines set forth in this section if the application of such guidelines would be inequitable, but if it does deviate, the court must make specific factual findings to support any deviation and failure to make such specific findings requires reversal. In re English, 757 P.2d 1130 (Colo. App. 1988); In re Hoffman, 878 P.2d 103 (Colo. App. 1994); In re Andersen, 895 P.2d 1161 (Colo. App. 1995).

The trial court has discretion to deviate from the guidelines where justified, provided it makes appropriate findings. In re Thornton, 802 P.2d 1194 (Colo. App. 1990); In re Payan, 890 P.2d 264 (Colo. App. 1995).

Deviation from child support guidelines is not justified by hardship resulting solely from application of the guidelines, absent other unusual or unique financial circumstances. In re Thornton, 802 P.2d 1194 (Colo. App. 1990).

Taking care of three-year-old triplets may be considered extraordinary circumstances justifying a deviation from the child support guidelines. In re Ikeler, 148 P.3d 347 (Colo. App. 2006), rev'd on other grounds, 161 P.3d 663 (Colo. 2007).

The court must make specific factual findings, however, justifying such a deviation. In re Ikeler, 148 P.3d 347 (Colo. App. 2006), rev'd on other grounds, 161 P.3d 663 (Colo. 2007).

The finding that it is important for the child to spend extended time with mother is, in itself, irrelevant to the issue of whether there should be a deviation in child support. In re Andersen, 895 P.2d 1161 (Colo. App. 1995).

A finding that one parent has a higher cost of living will not, in and of itself, ordinarily justify deviating from the guidelines. In re Andersen, 895 P.2d 1161 (Colo. App. 1995).

Case remanded for reconsideration of deviation from guidelines based on new spouse's income under the guidelines in In re Nimmo, 891 P.2d 1002 (Colo. 1995). In re Andersen, 895 P.2d 1161 (Colo. App. 1995).

Subsection (13) does not require an automatic adjustment to presumptive amount of child support but rather gives the trial court discretion to determine if an adjustment on account of a child's financial resources is appropriate. In re Thornton, 802 P.2d 1194 (Colo. App. 1990).

Application of child support guidelines establishes an amount of support that is presumed to be necessary to meet a child's needs; however, the extent to which an unemancipated child's income should be used to defray basic support obligations is within the trial court's discretion and depends upon the totality of circumstances in a particular case. In re Pollock, 881 P.2d 470 (Colo. App. 1994); In re Cropper, 895 P.2d 1158 (Colo. App. 1995).

Trial court did not abuse its discretion in declining to include child's receipt of public support payments as income available to the child under subsection (13)(b). Such payments represent gratuitous contributions from the government and do not reduce the parent's duty to provide support. They are intended to supplement other income, not to substitute for it. In re Thornton, 802 P.2d 1194 (Colo. App. 1990).

But it is proper under subsection (13)(b) for the court to consider mother's receipt of social security disability payments on behalf of the children as an adjustment to child support because those payments actually diminished the children's basic needs. In re Quintana, 30 P.3d 870 (Colo. App. 2001).

Court is authorized under this section to calculate child support based on a determination of a parent's potential income if parent is voluntarily unemployed or underemployed. In re Marshall, 781 P.2d 177 (Colo. App. 1989).

Trial court did not abuse its discretion in reducing the father's amount of child support, where it found that the father was not voluntarily underemployed but had terminated his full time employment to return to college to obtain an advanced degree. In re Ehlert, 868 P.2d 1168 (Colo. App. 1994).

If a court determines that a parent engaged in a good faith effort to achieve higher income, financial independence, or a career in the foreseeable future, to impute income to that parent would unfairly penalize the parent's effort at self-sufficiency and would be contrary to the public policy of encouraging the financial independence of dependent spouses. In re Seanor, 876 P.2d 44 (Colo. App. 1993).

Wife was engaged in a good faith effort to achieve a college education in order to further her income position where the evidence showed she had not worked for approximately nine years and she had completed two years of study towards a bachelors degree in a three-year period, during which time she had achieved a 3.72 grade point average. She had not attended school the previous year because of the death of her current spouse's mother and the hospitalization and continued medical complications and concerns of one of the children. In re Seanor, 876 P.2d 44 (Colo. App. 1993).

Trial court properly determined that father, a convicted sex offender, was voluntarily underemployed. Although the conviction likely limited father's employment opportunities, father did not attempt to find gainful employment despite having an M.B.A. degree, a real estate broker's license, and many years of work experience. People ex rel. A.R.D., 43 P.3d 632 (Colo. App. 2001).

Extent to which a child's income and assets should be applied to the payment of educational expenses or basic support is a question of fact to be determined by the trial court under the totality of circumstances in each case. In re Barrett, 797 P.2d 848 (Colo. App. 1990); In re Pollock, 881 P.2d 470 (Colo. App. 1994); In re Davis, 252 P.3d 530 (Colo. App. 2011).

The limit on postsecondary expenses is the amount calculated as if the child receiving such education had been the only child. Legislative history makes it clear that the 1994 amendment was intended to clarify rather than change the statute. In re Parker, 886 P.2d 312 (Colo. App. 1994).

Trial court did not abuse discretion in not deviating from the child support guidelines in order to avoid calculating child support based on IRA interest and dividends. In re Tessmer, 903 P.2d 1194 (Colo. App. 1995).

Absent a finding that a child has been diagnosed as having a mental disorder, a noncustodial parent cannot be required to share in the costs for therapy, whether such costs are included within the child support obligation or ordered to be paid separately. Absent the need for therapy because of a mental disorder, such cost must be borne by the party who makes the decision to provide the child with therapy. In re Finer, 920 P.2d 325 (Colo. App. 1996).

Court may not deviate downward from the presumptive child support award to ensure continued eligibility for public assistance benefits. Court erred in ordering mother to pay $245 per month in child support instead of the statutory amount of $399 per month in order to preserve the paternal grandparents' public daycare benefits. In re Hein, 253 P.3d 636 (Colo. App. 2010).

Applied in In re Rosser, 767 P.2d 807 (Colo. App. 1988).

C. Modification.

The provisions of subsections (2) and (7)(e) indicate that the general assembly did not intend to include health insurance premiums in the ordinary and necessary expenses covered by the basic child support obligation set forth in the guidelines; therefore, health insurance premiums paid by the father cannot be deducted from the total amount of the father's support obligation under the child support guidelines. In re English, 757 P.2d 1130 (Colo. App. 1988).

Where there was no evidence presented to establish the asserted extra cost of purchasing health insurance through the employment of the father's present spouse, there was no basis for the trial court to apply this section. In re Ansay, 839 P.2d 527 (Colo. App. 1992).

Application of the provisions of this section by the court for the modification of a prior child support order entered under the Uniform Parentage Act was error as a matter of law. Ashcraft v. Allis, 747 P.2d 1274 (Colo. App. 1987).

Pre-1991 postsecondary education support orders. Subsection (1.5)(c.5) allows the modification of pre-1991 postsecondary education support orders. In re Chalat, 112 P.3d 47 (Colo. 2005).

Substantial and continuing changed circumstances requirement and postsecondary education support orders. Absent application of the age of emancipation (§ 14-10-122 (4)) or medical insurance (§ 14-10-122 (1)) exceptions, the court's continuing jurisdiction to modify postsecondary education support orders is invoked only upon a showing of substantial and continuing changed circumstances by the party seeking modification. Nothing in the plain language of subsection (1.5)(c.5) or § 14-10-122 alters this clear, unambiguous requirement. In re Chalat, 112 P.3d 47 (Colo. 2005).

Effect of amendments to postsecondary education support scheme on the substantial and continuing changed circumstances requirement. The general assembly did not express an intent that its enactments of amendments to the postsecondary education support scheme alone automatically triggers a court's continuing jurisdiction to modify child support. The requirement for substantial and continuing changed circumstances must still be shown. In re Chalat, 112 P.3d 47 (Colo. 2005).

Order specifying amount where original order merely imposed duty. Where an original court order imposes a duty of support without specifying an amount under the criteria of this section, a subsequent court order specifying the amount need only conform with this section, rather than the modification requirements of § 14-10-122. In re Saiz, 634 P.2d 1020 (Colo. App. 1981).

If the financial ability of the husband and father improves, and the needs of the minor children increase, the jurisdiction of the court to make additional orders for the care and maintenance of the minor children may be invoked at any time in a proper proceeding. Brown v. Brown, 131 Colo. 467, 283 P.2d 951 (1955).

Trial court properly denied father's motion for modification, which was based solely on the 1993 statutory amendment to subsection (1.5)(b)(I) and which did not allege any substantial or continuing change in the parents' or the child's circumstances. In re Eaton, 894 P.2d 56 (Colo. App. 1995).

The provisions of any decree respecting child support may be modified only as to installments accruing subsequent to the filing of the motion for modification. Thus, if child support is modified, the modification should be effective as of the date of filing of the request therefor. In re Mackey, 940 P.2d 1112 (Colo. App. 1997).

Any order reducing the amount of support money operated only in future. Engleman v. Engleman, 145 Colo. 299, 358 P.2d 864 (1961).

The proposition that future support payments could not be reduced as long as a husband was in default, even though a proper showing could be made of inability to pay, was not the law in Colorado. Kane v. Kane, 154 Colo. 440, 391 P.2d 361 (1964).

Parent's medical expenses relevant to modification as well as to initial determination of support. Where change in presumed support under guideline based on gross income is less than ten percent, the parent seeking modification may nonetheless establish a substantial and continuing change in circumstances, justifying a deviation from the guideline, due to an increase in the parent's personal medical expenses. In re Ford, 851 P.2d 295 (Colo. App. 1993).

Deviation from the guidelines in calculating the basic child support obligation was error where court reasoned that father would not be able to support himself if required to pay the amount specified in the guidelines in light of his required contribution to the extraordinary medical expenses required by the child. In re Nielsen, 794 P.2d 1097 (Colo. App. 1990).

In circumstances where father is providing health insurance coverage for new spouse and father's other children living with him, in addition to child who is subject to order, the amount of the premium attributable to such child was "not available or cannot be verified" and trial court erred by refusing to allow the addition to the support obligation for a portion of that premium. In re Andersen, 895 P.2d 1161 (Colo. App. 1995).

Child's income may allow for a reduction of the support obligation if the court determines that it does "actually diminish basic needs" of child. In re Kluver, 771 P.2d 34 (Colo. App. 1989).

Mother's receipt of social security disability payments on behalf of the children actually diminished children's basic needs and court did not abuse its discretion by including the payments in the adjustment of the father's child support obligation. In re Quintana, 30 P.3d 870 (Colo. App. 2001).

Modification of award based on child's income for purposes of extraordinary educational expenditures or the satisfaction of basic needs is a question of fact to be determined under the totality of circumstances in each case. In re Barrett, 797 P.2d 848 (Colo. App. 1990).

A trial court is not bound to deduct automatically the entire amount of a child's income from his or her educational costs or basic support obligation but must look at the child's reduced need, if any, for parental support. In re Barrett, 797 P.2d 848 (Colo. App. 1990); In re Cropper, 895 P.2d 1158 (Colo. App. 1995).

Trial court abused its discretion in refusing to deviate from a strict application of the guideline calculations for basic child support where certain expenses were shown to be duplicative. In re Barrett, 797 P.2d 848 (Colo. App. 1990).

The court did not err in denying a modification for contributions earned by the children where evidence showed that the older children did not receive any Pell grants toward their college expenses, and testimony regarding the additional expenses towards which the children put their earnings was sufficient for the court to determine that a reduction in the amount of support was not appropriate. In re Ansay, 839 P.2d 527 (Colo. App. 1992).

A trial court does not err if it requires parents who are legally responsible for support to contribute to a dependent child's needs in lieu of requiring the child to expend all of his or her own resources. In re Pring, 742 P.2d 343 (Colo. App. 1987); In re Cropper, 895 P.2d 1158 (Colo. App. 1995).

Child support obligations to children of a second marriage may be deducted from a parent's income when the court is considering a modification of child support ordered for children of a first marriage. In re Hannum, 796 P.2d 57 (Colo. App. 1990).

The allocation of tax exemptions may be considered when the court is considering a modification of child support. In re Oberg, 900 P.2d 1267 (Colo. App. 1994).

In considering a modification of child support, the trial court is bound by the facts and circumstances of the parents and the children as they exist at the time of the hearing. If there is a pending foreclosure sale, the court should await the sale's completion and complete its record on the amount of debt incurred before it determines the modification question. In re Kimbrough, 784 P.2d 852 (Colo. App. 1989).

Court did not violate prohibition against adjustment that results in support payments lower than previously existing support order under subsection (7)(d.5)(II) when the decrease in the husband's child support obligation was due solely to the switch to a shared custody child support calculation and a decrease in the wife's work-related child care expenses. The decrease was entirely unrelated to the income adjustment given to the wife for her after-born child. In re Martin, 910 P.2d 83 (Colo. App. 1995).

Court had authority to recalculate child support using a different worksheet than previously used. Once court gained jurisdiction to modify child support pursuant to the wife's motion, the court is not prohibited from utilizing the proper formula for such support, particularly when that formula was part of the same statute under which the wife filed her motion to modify. In re Martin, 910 P.2d 83 (Colo. App. 1995).

Rebuttable presumption of a change of circumstances existed under the child support guidelines where the parties changed custody of one of the minor children from the mother to the father. In re Miller, 790 P.2d 890 (Colo. App. 1990).

For purpose of calculating and modifying child support, trial court properly included in gross income of husband an amount which a one-time post-decree inheritance could be expected to yield, although calculation of such amount was incorrect. In re Armstrong, 831 P.2d 501 (Colo. App. 1992).

Trial court did not impermissibly interfere with husband's constitutional property rights by including in gross income an amount which a one-time post-decree inheritance received by husband could be expected to yield. In re Armstrong, 831 P.2d 501 (Colo. App. 1992).

A monetary inheritance should be included in gross income for purposes of calculating child support in the year that the beneficiary withdraws from the inheritance and relies on it as a source of income. In re A.M.D., 78 P.3d 741 (Colo. 2003).

That remainder of a monetary inheritance that is not withdrawn and spent should be treated as an income-producing asset and the actual interest income it generates should be included in gross income. In re A.M.D., 78 P.3d 741 (Colo. 2003).

In determining how much of the principal of an inheritance to include in gross income, the trial court should apply a two-part test: (1) The court must decide whether an inheritance is monetary; and, if so, (2) whether the recipient used the principal as a source of income either to meet existing living expenses or to increase the recipient's standard of living. In re A.M.D., 78 P.3d 741 (Colo. 2003).

Court did not make findings required by subsection (14.5) to modify the allocation of federal income tax exemptions between the parties. Order allocating exemptions to the parties in alternating years, therefore, was reversed and the cause remanded to the trial court. In re Trout, 897 P.2d 838 (Colo. App. 1994).

Failure to submit financial information to the trial court and the failure of the trial court to review the modified agreement between the parties rendered the resulting trial court order subject to being set aside under C.R.C.P. 60 (b)(5). In re Smith, 928 P.2d 828 (Colo. App. 1996).

Court's award of income tax exemption to father in alternate years, as part of court's judgment on mother's motion to modify child support was supported by the record and complies with the requirements of this section. The court was not required to hold an additional hearing before amending the judgment when it had already heard testimony concerning the parties' incomes and had determined the percentage contribution of the parties to the costs of raising the child. The court could conclude on that record that father would receive a tax benefit from the exemption award. In Interest of A.R.W., 903 P.2d 10 (Colo. App. 1994).

Father's post-dissolution motion for reimbursement of previously paid child care expenses was properly denied. Reimbursement is not mandated under this section and the court has discretion whether to refer the parties to mediation. In re Lishnevsky, 981 P.2d 609 (Colo. App. 1999).

Court should compare child support order currently in effect with child support guidelines to determine whether a substantial and continuing change of circumstances exists. Although the parties' current child support order was the result of the parties' agreement to a reduced amount of child support, the court should have compared the current child support order with the presumed child support obligation under the guidelines at the time of mother's motion to determine if mother had shown a substantial and continuing change of circumstances sufficient to maintain her motion for modification. In re M.G.C.-G., 228 P.3d 271 (Colo. App. 2010).

A maternal grandmother who received parental responsibilities through a dependency and neglect proceeding is not a "psychological parent" under In re A.C.H., 2019 COA 43, 440 P.3d 1266, and therefore not a parent under this section and therefore cannot be ordered to pay child support. The maternal grandmother voluntarily assumed parental responsibilities for the child through a dependency and neglect proceeding and never sought permanent custody through an adoption proceeding. Her willingness to assume responsibilities while parents were unfit did not transform her into a permanent custodian or psychological parent. Therefore, the court did not err in not imposing a child support obligation on her after father became fit. In re Bergeson-Flanders, 2022 COA 18, 509 P.3d 1083.

D. Termination upon Emancipation.

The resolution of the question of emancipation was concerned more with the extinguishment of parental rights and duties than with the removal of the disabilities of infancy, and it occurred only when there was a complete severance of the filial tie, and the child's possession or lack of possession of the right to vote had little or no bearing on the determination as to whether such tie had or had not been severed. Van Orman v. Van Orman, 30 Colo. App. 177, 492 P.2d 81 (1971).

The enactment of the voting rights act of 1970, lowering the federal voting age to 18 years, did not emancipate a 20 year old son, as a matter of law. Van Orman v. Van Orman, 30 Colo. App. 177, 492 P.2d 81 (1971).

In Colorado, a person retains the status of minority until the age of 21 years, and that statutory definition is controlling as to the age at which emancipation occurs as a matter of law, except where otherwise provided by statute. Van Orman v. Van Orman, 30 Colo. App. 177, 492 P.2d 81 (1971).

In the absence of emancipation occurring upon attainment of majority, the question of whether a child was emancipated was essentially one of fact determinable by the trier of fact. Van Orman v. Van Orman, 30 Colo. App. 177, 492 P.2d 81 (1971).

Change in the age of emancipation and duty of support in this section did not automatically modify a parent's existing obligation of support which required obligor to pay support until child reached 21 years. In re Dion, 970 P.2d 968 (Colo. App. 1997).

The marriage of the minor daughter terminated the parental duty of support and no enforceable rights to support payments could thereafter accrue to the mother. Berglund v. Berglund, 28 Colo. App. 382, 474 P.2d 800 (1970).

Support for dependent child after attainment of majority. This article gives the court jurisdiction to enter a decree for support of a dependent child of the marriage after attainment of majority. In re Koltay, 646 P.2d 405 (Colo. App. 1982), aff'd, 667 P.2d 1374 (Colo. 1983).

Once a child is over 21 and physically and mentally capable of self support, such child is not entitled to receive support payments from father, despite the fact that the child had an expectation of attending college had parents not divorced. Factors such as standard of living child would have enjoyed and educational needs can only be applied in determining child support if the child had not reached majority. In re Plummer, 735 P.2d 165 (Colo. 1987).

Express provision for post-emancipation support, where circumstances warrant, may be made in a decree entered before the child's twenty-first birthday. In such a case, factors such as standard of living and expectation of attending college may be considered. In re Huff, 834 P.2d 244 (Colo. 1992) (decided under law in effect prior to enactment of subsection (1.5), dealing specifically with postsecondary education support).

Provision for post-emancipation support may also be made by written agreement of the parties, as is indicated by reading this section together with § 14-10-122 (3). In re Huff, 834 P.2d 244 (Colo. 1992).

Meaning of "previously existing support order". An order entered October 22, 1993, nunc pro tunc August 12, 1993, made retroactive to August 1, 1992, modifying a March 1992 support order, is not a "previously existing support order" with regard to a modification of support to take into account a child born to the father and his new wife in December 1992, because it was not "previously existing" until it was actually entered by the court. In re Oberg, 900 P.2d 1267 (Colo. App. 1994).

IV. PAST DUE SUPPORT.

Past due child support payments in themselves constitute debt. Colo. State Bank v. Utt, 622 P.2d 584 (Colo. App. 1980).

Amount owed may be garnished by bank which held judgment against former wife. Colo. State Bank v. Utt, 622 P.2d 584 (Colo. App. 1980).

It was not error to require a husband to pay arrears of support money for his minor children during the period of time the wife refuses him the right to visit the children, where no objection was made to the entry of such order. Hayes v. Hayes, 134 Colo. 315, 303 P.2d 238 (1956).

A trial court could not punish a father, delinquent in his child support payments through no fault of his own, by denying him visitation rights until he became current in his payments. Kane v. Kane, 154 Colo. 440, 391 P.2d 361 (1964).

A trial court was without authority to forgive delinquent payments of support money. Gier v. Gier, 139 Colo. 289, 339 P.2d 677 (1959); Engleman v. Engleman, 145 Colo. 299, 358 P.2d 864 (1961); Drazich v. Drazich, 153 Colo. 218, 385 P.2d 259 (1963).

Overpayments on child support made direct to one child could not be set off against accrued overdue installments which were owed to the mother on behalf of another child. Dorsey v. Dorsey, 28 Colo. App. 63, 470 P.2d 581 (1970).

The general rule was to the effect that when a father was required by a divorce decree to pay to the mother money for the support of their dependent children, and the unpaid and accrued installments became judgments in her favor, he could not, as a matter of law, claim credit on account of payments voluntarily made directly to the children, special considerations of an equitable nature could justify a court in crediting such payments on his indebtedness to the mother when that could be done without injustice to her. Dorsey v. Dorsey, 28 Colo. App. 63, 470 P.2d 581 (1970).

Promissory estoppel is not a viable legal defense for a claim for past due child support payments. In re Gallo, 2024 COA 86, 558 P.3d 1016.

Source: official Colorado text · Last verified 2026-08-27

Frequently Asked Questions About Colorado § 14-10-115

What does Colorado Revised Statutes § 14-10-115 cover?

Section 14-10-115 ("Child support guidelines - purpose - determination of income - schedule of basic child support obligations - adjustments to basic child support - additional guidelines - child support commission - definitions.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Colorado § 14-10-115?

A common citation format is "Colorado Revised Statutes § 14-10-115" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Colorado law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.

How does Colorado § 14-10-115 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.