Denver Divorce Lawyer News & Blog

How is Child Support Determined Based on Income?


What goes in to the court’s decision?

There are a lot of factors going in to the determination of child support. The most important factors are childcare expenses, monthly income, and the number of overnights your child will spend with you. Your monthly income is just the total amount of money you will bring in in a month, before any taxes or deductions. If you do receive spousal maintenance, that amount will be factored in to your monthly income. Childcare expenses include medical, childcare, medical insurance, school, and extra-curricular costs.

How is child support calculated?

Based on all of these factors, the court will calculate how much it costs to take care of the child and how much time the child spends with each parent. The time spent with each parent is calculated by counting the number of overnight visits. After determining how much time is spent with each parent, the court will use it own formula to determine how much you (or your ex-partner) will owe in child support. It is important to note that child support is often paid to the primary custodian of the child, but this is not always the case. If you would like to determine how much you might pay in child support (or spousal maintenance) you can refer to Divorce Matters’ Child Support Calculator! This app, developed by Divorce Matters, takes all of the information the courts in Colorado would use to decide a child support amount and calculate a probable amount you might pay. To learn more, visit here. 

What happens if my income changes?

Generally, your income will need to have a 10% difference, either positively or negatively, to affect the child support amount. If you lose your job, get laid off, or even get a raise, these are all factors that may change the amount of child support you either pay or receive. To change that amount, you would need to file a Motion to Modify Child Support Order. A judge will then decide what your new amount should be.

If you have questions about your child support arrangement please reach out to our firm to speak with one of our attorneys. You can fill out a form here, or call us at 720-542-6142.