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Child support is generally determined by the parents’ incomes, amount of parenting time each parent has, and the number of children of the same parents. See C.R.S. § 14-10-115(2)(b). Income includes every form of income, including wages, capital gains, rental income, unemployment, royalties, trust income, etc. See § 14-10-115(5)(a). Additionally, even if you have no income, the court can impute income to you if you are voluntarily unemployed or underemployed. See § 14-10-115(5)(b.5).
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Once the court determines the parties’ incomes, the court will take the parties’ combined
income and find the amount of child support recommended by the child support guidelines for the amount of combined income and number of children for the parents. See § 14-10-115(7)(b). Next, the court will determine the amount of parenting time each parent has. If each parent has ninety-two (92) overnights with the children or more, then parents have shared physical custody and child support is determined by a shared custody formula. See § 14-10-115(3)(h). If one parent has less than ninety-two (92) overnights with the children, then one parent has sole physical custody and child support is determined by a sole custody formula. See § 14-10-115(3)(i). Using all this information, the court will determine what child support should be based on the child support guidelines. However, the court can deviate from the child support guidelines if the child support would be inequitable, unjust, or inappropriate. See § 14-10-115(8)(e). You can access child support worksheets drafted by the court to determine what child support should be in your case HERE.
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If you are going through a divorce or other proceeding involving child support, call the Law Office of Michael Swink today and speak with an attorney who understands the complex calculation of child support.