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:
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?
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.