Calculating Child Support

How much child support will I have to pay? How much child support will my ex-spouse have to pay? These are common questions that need to be answered so that you can prepare for the future after divorce or separation. The calculation of child support is complicated. The Colorado State Judicial Branch has provided lawyers and parents with a worksheet to help calculate support (which is linked below), however, every case is different. The application of your circumstances to the child support guidelines must be considered carefully to make sure that all rules and exceptions are applied. Therefore, it is highly recommended that you consult an attorney to make sure that you do not shortchange yourself.

In Colorado, child support is governed by section 14-10-115 of the Colorado Revised Statutes. This long and complicated section contains guidelines for child support based upon the income of the parents and the amount of parenting time exercised by each parent. While the amount of support will vary depending on the circumstances of the parties and children, the code contains a formula to calculate the child support that is presumed to be in the best interest of the children. A Microsoft Excel spreadsheet containing the formula is available from the Colorado State Judicial Branch, and can be found here– Child Support Worksheet. Instructions on how to fill out the worksheet can be found here–Instructions.

There are two major elements to the child support formula:

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How Alimony Works in Colorado, Part Two

Calculating temporary alimony can be a contentious process.

Calculating temporary alimony can be a contentious process.

In Part I of my series about alimony in Colorado (which you can read here), I discussed how alimony (officially called “maintenance”) is awarded as part of temporary orders while a divorce is pending.  Specifically, that post dealt with the formula that is presumptively applied when the parties earn a combined annual income of $75,000 or less.  In this post, I will continue with the discussion of temporary maintenance (that is, maintenance awarded before the divorce is final) for situations in which the spouses together earn more than $75,000 per year.

When the husband and wife’s combined annual income is greater than $75,000 per year, there is no presumptive formula or guideline for the court to apply.  As such, the amount to be awarded is determined on a case-by-case basis.  Each case is different, and different judges will calculate temporary alimony differently.

Step 1.  Is a spouse eligible for temporary maintenance?

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Uncontested Divorce vs. Contested Divorce

It is more likely for your divorce to be uncontested when you know your rights.

It is more likely for your divorce to be uncontested when you know your rights.

When a prospective client calls to discuss a divorce, one of the first questions I ask is whether the case is contested or uncontested.  This is especially true when people want to know how much I charge for divorce.  Uncontested divorces are much cheaper because there are no issues to be decided by a judge or mediator.  Most people hope their divorce will be uncontested, but in reality there are very few truly uncontested divorces.

The Uncontested Divorce. An uncontested divorce is one in which both spouses want the divorce.  They have discussed the issues: how the property and debts will be divided, whether maintenance will be paid and how much, where the children will live, how much child support will be paid, how much parenting time the non-custodial parent will have with the children.  Whatever the issues the soon-to-be ex-spouses face, they have discussed them and have reached an agreement.  It is very helpful for the agreement to be in writing, to prevent miscommunication and misunderstanding.  Uncontested divorces are rare because if the spouses could communicate and reach consensus, the chances are they wouldn’t be getting a divorce.

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How Alimony Works in Colorado, Part 1.

Temporary spousal maintenance is designed to equalize the finances until the divorce is final.

Temporary spousal maintenance is designed to equalize the finances until the divorce is final.

Alimony is a payment of money from one spouse to another for the purpose of financial support or equalization of incomes. In Colorado, alimony is technically called “spousal maintenance.” There are two kinds of spousal maintenance: temporary and permanent. Temporary maintenance is the payment of money from one spouse to the other before the marriage has been dissolved (i.e., before the divorce is final). Permanent maintenance–what most people think of when they hear the term “alimony”–is the payment of money from one former spouse to the other after divorce.

In this article, I will discuss temporary maintenance when the spouses earn a combined annual income of $75,000 or less. In future articles, I will discuss 1) temporary maintenance when combined annual income exceeds $75,000; 2) permanent maintenance; and 3) other aspect of alimony, including modification, termination, and tax treatment.

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About Kirk Garner

Kirk Garner was born in Colorado Springs, Colorado in 1967.  He was raised in and around Lubbock, Texas, and graduated from Shallowater High School in 1985.  Kirk graduated from Abilene Christian University in 1990 with a bachelor’s degree in marketing.  The week after graduation, he married his wife of now more than 25 years.  They have three daughters.

Kirk graduated from Baylor University School of Law in 1995.  During law school, he served on the Baylor Law Review, and was a member of the international legal fraternity Phi Delta Phi and the Harvey M. Richey Moot Court Society.

Upon graduation, Kirk Garner was admitted to the Texas Bar, and practiced law in Winnsboro, Texas, for fifteen years.  He had a general small-town practice, including family law, civil litigation, probate, and criminal defense.

In 2010, Kirk obtained his license to practice law in Colorado.  He and his family pulled up stakes and moved to Colorado Springs, where they had always wanted to live.

Kirk Garner opened his Colorado Springs law office in 2010. The Colorado Springs office is devoted to all aspects of family law, including divorce, child custody, child support, spousal maintenance, adoption, and grandparents’ rights.

In 2011, Kirk Garner added a second office in Woodland Park to better serve his clients in Teller County.  The Woodland Park practice is more of a general-civil, small town law firm. In addition to family law and dissolution of marriage, the office handles civil litigation, probate, and other matters. Have a case in Teller County? Call Kirk Garner today to see if he can help.