General
Citation: Colo. Rev. Stat. §§ 14-10-115 to -122
Last Updated:
Authority: Statute
Model: Income Shares
Economic Study: Betson-Rothbarth 2010
Responsibility: Colorado Child Support Commission
Approval: Colorado General Assembly
Review (2010)
Review (2014)
Review (2018)
Basic Child Support Obligation (BCSO) Schedule
Last Updated: 2001, 1994
Income Base: Gross
Income Measure:Combined Gross Income
Frequency: Monthly
Children Categories: 1, 2, 3, 4, 5, 6 children
Minimum Income: $0-$650
Maximum Income: $30,000
More than Maximum Income:
BCSO Factors/Assumptions/Adjustments
Age: No
Cost of living: Yes. Adjusted for Colorado’s relative high housing costs
Expenditure Measurement: Table reflects average child-rearing expenditures from ages 0-17 in 2010
Low Income: Yes
Medical Expenses: Yes
Parenting Time: No
Poverty Level: 2010 ($1,110)
Price levels: 2010
Subsequent Children: Deducted from income
Taxes: 2010 federal and state income taxes and FICA
Low-Income1
SSR/LI Adjustment Amt: $1,100 for one person
Discretionary: No
SSR/LI Adjustment Application: Lesser of two: Calculate child support. Calculate difference between obligator’s gross income and $1,100 p/m plus minimum order ($50-150 based on no. of children). Low income adjustment also applies where obligator’s adjusted gross income is between $1,000 and $1,900 p/m
Threshold Income: N/A
Limitations: Does not apply if each party has children more than 92 nights per year
Minimum Child Support Amount: If combined monthly gross is less than $1,100, then $50/1 child, $70/2 children, $90/3 children, $110/4 children, $130/five children, $150/six or more children. Exception for parenting time arrangement.
Limitations on Minimum Child Support Amount: When combined monthly gross income is below $1,100
Notes: Listed in Final Report July 2011
Deviation Factor
Medical Expenses
Ordinary: Schedule includes $250 per child per year to cover ordinary, out-of-pocket healthcare expenses such as over-the-cover medicines for child and co-pays. For expenses exceeding $250 per month, parents share expense on a prorated basis.
Extraordinary: Defined
Childcare Expenses
Education Expenses
Added to Basic Support Obligation
Modification
10% or more variance
Termination5
Citation: Colo. Rev. Stat. §14-10-115 (13) for orders entered after July 1, 1997, Colo. Rev. Stat. §14-10-115 (15) for orders entered prior to July 1, 1997
Age of Majority: 19 years of age
Ends: Age of majority unless otherwise emancipated. Emancipation occurs and child support terminates without either party filing a motion when the last or only child turns 19 unless, 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 re-enrolls is entitled to support upon re-enrollment and until the end of the month following graduation, but not beyond age 21.
College Support beyond Age of Majority: Court may not order
Citation: Colo. Rev. Stat. §14-10-115 (1.6)
Exception for Adults with Disabilities: Support may continue if child is physically or mentally disabled
Citation: Colo. Rev. Stat. §14-10-115 (13)(a)(2)
Criminal Penalties for Nonpayment3
Citation: Colo. Rev. Stat. § 14-6-101 , Colo. Rev. Stat § 18-1.3-401
Crime: Class 5 Felony
Maximum Penalty: 1-3 years, $1,000 fine
Interest and Arrears4
Arrears: Yes
Summary: Prior to June 30, 1975: 6% simple interest July 1, 1975, through June 30, 1979: 8% simple interest July 1, 1979, through June 30, 1986: 8% compounded interest July 1, 1986, through the present: 12 percent compounded interest.Up to counties whether they want to charge interest at above amounts.
License Restrictions for failing to pay Child Support2
Statute: Multiple
Type: Driver’s, Occupational Recreational Professional
Arrears Threshold: Six months while paying less than 50% of monthly amount. Failure to comply with subpoena or warrant
Reinstatement: Obligor has 30 days to request an administrative review in writing.
Exception: Obligor may be issued a restricted, probationary driver’s license up to a 90-day period.
State Contact
Name: Ms. Elise Topliss
Title: Policy and Performance Manager
Email: elise.topliss@state.co.us
Phone Number: (303) 866-4232
Address: Denver, Colorado 80203-1714
Links
Child Support Calculator
Child Support Guidelines
FindLaw
References
1Judicial Council of California, Review of Statewide Uniform Child Support Guideline, October 25, 2017
2https://www.ncsl.org/research/human-services/license-restrictions-for-failure-to-pay-child-support.aspx
3https://www.ncsl.org/research/human-services/criminal-nonsupport-and-child-support.aspx
4https://www.ncsl.org/research/human-services/interest-on-child-support-arrears.aspx
5https://www.ncsl.org/research/human-services/termination-of-child-support-age-of-majority.aspx