How is child support calculated in Colorado?
Colorado has "child support guidelines" that establish a monthly Basic Child Support Obligation and then apply a percentage to the non-custodial parent's monthly gross income.
How do I calculate this amount?
Ask the District Court in your county for a child support worksheet along with instructions. Some local office supply stores may also provide you with the necessary forms.
What if this amount does not cover expenses?
Courts cannot create economic resources where they don't exist. However, "guidelines" are just that. Deviation from the guidelines is permitted when warranted. You might also consider asking for alimony/maintenance in addition to the child support.
When I was divorced, the support was sufficient, but since the kids entered their teen years, I cannot make ends meet. What can I do?
You can try to modify your original judgment based on a material, substantial and continuing change in circumstance. (See Modification FAQs).
My ex-spouse is delinquent in child support payments. How can I enforce the court order?
You can bring a contempt of court proceeding (see contempt FAQ's) and ask for a wage assignment.
That all sounds complicated and I can't afford a lawyer. Can I get help?
Yes, ask the court to put you in touch with the Child Support Enforcement Division or Legal Aid.
But my "ex" moved out of state. Can I still enforce the judgment?
Absolutely. Armed with your state's court orders and wage assignment, you can go to the other state's court (often handled through the local district attorney) to enforce the wage assignment.
I am worried that my former spouse will file for bankruptcy. Can he avoid paying child support if he is in bankruptcy?
Absolutely not. The federal bankruptcy code exempts child support and alimony/maintenance.
In my original judgment child support ends at age 19. My daughter is a full time student at a local college. Is there any way to continue child support while she is in college?
Possibly. If your daughter is a full time student in good standing, your child support order can become an order for payment of all or a portion of college tuition, supplies and/or room and board.
What about college tuition and costs?
If you agree both you and your ex can be ordered to pay your proportionate share of college tuition and costs.
Do I have to report my child support payments as taxable income on my federal income tax return?
No.
Does that mean my "ex" can't deduct the child support he pays?
You got it.
Can this change if we both agree?
No, but you can transfer the child dependency exemption(s) from the custodial parent to the non-custodial parent, provided the custodial parent completes and signs IRS form 8332.
