Same Kids, (Totally) Different Math
Colorado just rewrote child support, and as of March 1, 2026, you may be entitled to compensation.
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I read (and analyzed) the new Colorado child support law so you don’t have to. (I guess that’s the whole point of this newsletter.) Buckle up. We’re in for an extremely mild and scintillating ride on the new child support bus.
As of this article, there are two days left under the current law (2023). For decades, we’ve used a worksheet system to determine support. Worksheet A used a single formula for all situations in which the non-custodial parent exercised 92 overnights or less. Worksheet B was for 93 or more overnights.
Well, that’s done. The new law, going into effect March 1, 2026 (minus a few provisions in effect as of February 1, 2026), uses a single worksheet that starts with one (1) overnight or more. So hurrah, less paperwork for everyone.
Other big changes to consider:
Colorado’s child support formula changed to focus on actual overnights (imagine that!). Previously, Colorado used what’s called an ‘Income Share’ model, with a chart based primarily on each parent’s share of the combined income. Overnights took a back seat, so anyone with 92 overnights or less was paying the same support regardless of their actual time spent with their kid.
In the new version, child support will remain based on the parents’ combined gross income. However, a new chart will determine, based on how many overnights each parent has, how much credit each parent receives from the support calculated from their gross income.
For example, let’s say Mother has 105 overnights and Father has 260 overnights for two children. They make a combined monthly income of $10,000. Mother makes $7,000 (70%) of that income, and Father makes $3,000 (30%). Under the income chart, they’d collectively owe $2,001 for their kids.
Mother would start with paying 70% of $2,001, or $1,400.70. Father would pay 30%, or $600.30.
Then, each parent would receive a “parenting time credit” toward their base obligation, as established by a chart in the new law. With Mom’s 105 overnights, she’d be credited 16.84% for her share of parenting time. Father and his 260 overnights would get an 83.16% reduction. Meaning, Mom would have $1,400.70 minus $235.88, and Father would have $1,400.70 minus $499.21.
That leaves Mother paying a net of $1,063.73 in support to Father. Keep in mind, this number could still be adjusted if either parent is covering health insurance, educational, or work-related childcare costs.
TL;DR: A LOT of child support orders are about to change drastically, with more weight given to the number of overnights each parent has. Colorado scrapped that weird 1.5 multiplier, which forced everyone with 92 or fewer overnights to pay the same amount of support regardless of how many overnights they actually had. It was unfair on many levels.
We lawyers have some fancy tools we use to plug all this stuff in and give you revised support amounts. It would be well worth consulting to see whether your child support order has changed, especially if you owe right now. (Disclaimer: a 10% change from your last order is still required, and I’m not guaranteeing yours will change.)
Because child support only modifies back to the date you file your Motion to Modify, you don’t want to wait too long and find out a year from now that you could have saved a few hundred dollars a month in support. But don’t rush to file without first checking whether the law affects your current order.
Colorado finally got rid of that crazy $250 threshold for extraordinary (uninsured) medical expenses. Urban legend has it that way back in the day, say the 1980s, health insurance deductibles were actually $250 instead of a couple thousand like they are these days, so this is where the number comes from. Now, both parents will share all medical expenses in proportion to their income, right from the first dollar. This includes those pesky co-pays.
The definition of “Extraordinary Medical Expenses” got a makeover. The new version explicitly includes prescriptions, medical equipment, counseling, and other forms of mental health and long-term services for disabled children. The last version was a bit too bare-bones, and, well, it invited frequent litigation. Just to be clear, the law also explicitly excludes household products, like Band-Aids and over-the-counter meds like Tylenol, from this definition. (Also, Labubus. Maybe not explicitly, but one could reasonably infer here.)
Dependency tax exemptions aren’t divvied up by proportion anymore. Who claims the kids every year? Under the 2023 law, dependency exemption years were split proportionately to the parties’ incomes, which is as confusing as it sounds. Under the new law, the court can grant exemptions based on a few factors, such as the party’s financial resources and the impact of not receiving the dependency exemption.
For wealthier parents, the combined income threshold for the child support chart increased from $30,000 to $40,000 per month. Below that threshold, the chart controls. Above it, the judge exercises discretion in determining support. IYKYK. (I, unfortunately, know all too well.)
Due to a minor fix to the maintenance statute, both laws now prohibit a judge from imputing (assuming an) income to a parent who is caring for a child under 24 months for purposes of maintenance or child support. It’s worth noting that the prior law protected parents caring for children up to 30 months old, so this is technically a narrowing of that protection. If you have a child between 24 and 30 months, this change may affect you.
Questions about your current support order? Fill out a Contact Form today and get in for a child support check. If you’re a current client, email me and let’s schedule a Zoom.
That’s what I’m here for, seriously. Your Colorado child support guardian angel. Or something.
