Understanding Colorado’s Child Support Guidelines for High-Income Parents

When parents with substantial income face divorce or separation in Colorado, calculating child support becomes more complex than standard cases. The state’s guidelines take a unique approach when dealing with high-income earners, requiring careful consideration of multiple factors beyond the basic calculation methods.

Basic Framework of Colorado Child Support

Child support in Colorado operates on an income shares model. It aims to ensure that children maintain their standard of living by proportionately calculating the amount that each parent would have spent if they weren’t separated. The state’s guidelines typically calculate support based on the parents’ combined monthly gross income and the number of children involved.

Standard calculation components include:

• Both parents’ gross incomes
• Number of children
• Parenting time arrangements
• Health insurance costs
• Work-related childcare expenses
• Extraordinary medical expenses.

High-Income Threshold and Guidelines

Colorado’s basic child support guidelines have a specific threshold for high-income cases. The guidelines max out at a combined parental gross income of $30,000 per month ($360,000 annually). This means that if the parents have a combined monthly income of over $30,000, they will be considered high-income. In this case, the court will determine child support as if the parents’ income was exactly $30,000 or higher.

In ‘regular’ child support determinations, the guidelines involve adjustments that may reduce the parents’ countable incomes. But in high-income cases, the court cannot set support below the amount calculated at the $30,000 income threshold. In other words, $30,000 is the maximum income for regular child support calculation, but the minimum in high-income cases.

That said, judges have significant discretion in determining high-income child support. Parents may be able to convince the judge that the minimum countable income ($30,000) should be what’s considered in the calculation instead of using a higher income amount.

Judicial Discretion in High-Income Cases

Courts evaluate several factors when determining support for high-income families:

Standard of Living

• The child’s current lifestyle
• Previous private schooling arrangements
• Customary vacation patterns
• Extracurricular activities.

Financial Considerations

• Each parent’s financial resources
• The child’s independent financial resources
• Special medical or educational requirements
• Physical and emotional needs of the child.

Extrapolation Versus Capping Support

A significant debate in high-income cases centers around whether to:

• Cap support at the guidelines maximum ($30,000)
• Extrapolate beyond the guidelines using a higher income amount, OR
• Set a discretionary amount between these extremes.

The way courts handle child support in high-income cases may vary from state guidelines, depending on the details of the situation. Here are some factors courts might take into account when deciding on child support arrangements:

• Child support should ensure suitable living conditions for children, but this does not mean that the standard of living in one parent’s home must match that of the other parent’s. Courts aim to balance meeting a child’s reasonable needs, in line with their accustomed lifestyle, without granting an excessively large amount of money as support. Judges also want to avoid interfering with a parent’s ability to decide on an appropriate lifestyle for their child.
• If a parent’s income increases significantly, such as through a large bonus, this does not automatically mean that child support payments will increase by the same proportion. The court will examine if the income rise exceeds what is typically required for raising a child.
• Courts may choose not to follow the guidelines rigidly if doing so would lead to an unfair or impractical result. An example is if child support greatly exceeds the actual cost of raising the child during the parents’ marriage or negatively influences the child’s values.

Extraordinary Expenses in High-Income Families

Courts may consider higher child support amounts in cases such as continuing private education if it was part of the child’s life before the separation. This expense is often treated as an extraordinary expense requiring additional support beyond the basic calculation.

Additional costs commonly considered extraordinary expenses include:

• Special education needs
• Transportation costs
• Extracurricular activities
• Medical expenses exceeding standard amounts.

Practical Implementation

Documentation Requirements

High-income parents must provide comprehensive financial documentation including:

• Tax returns
• Business ownership records
• Investment income
• Bonus structures
• Other sources of income.

Frequently Asked Questions

Can courts order support above the guidelines maximum?

Yes, courts have the authority to order support amounts above the guidelines maximum for high-income earners. While the guidelines cap provides a minimum support amount, judges have discretion to exceed this amount based on factors such as the child’s established standard of living and special needs.

How do courts determine support amounts above the guidelines?

Courts consider multiple factors including:

• The child’s established standard of living
• Each parent’s financial resources
• Special needs or requirements of the child
• Educational expenses
• Extraordinary medical costs
• Extracurricular activities.

Does overtime count in income calculations for high-income parents?

Generally, overtime is not included in income calculations unless the employer requires it as part of regular employment. However, courts may consider consistent overtime patterns when evaluating total income for support purposes.

How long does child support continue in high-income cases?

In Colorado, child support obligations typically continue until the child turns 19, regardless of income level. Support may, however, continue until graduation or age 21 if the child is still enrolled in high school or a comparable program after the age of 19.

For Professional Guidance on Colorado Child Support Matters, Contact Goldman Law

High-income child support matters require specialized knowledge and careful attention to detail. At Goldman Law, our experienced family law attorneys can help navigate the complexities of high-income child support calculations. We can help you strategize to ensure your children’s needs are properly addressed while protecting your rights and finances as a parent.

Our team at Goldman Law brings over 25 years of combined experience in Colorado family law to help you navigate these complex guidelines and calculations. We focus exclusively on family law matters and maintain a superb reputation with courts throughout Colorado.

Whether you’re seeking to establish, modify, or enforce child support orders, we’re here to provide personalized attention and honest answers about your case.

Take the first step toward protecting your children’s financial future by calling us at (303) 656-9529 to schedule a consultation.