How is Child Support Calculated in Colorado

My question involves child support in the State of: Colorado

I am ordered to pay $1160 a month for my two sons (2&4). From what I understand, I pay 47 percent of their daycare, healthcare and other estimated costs. I earn 47,900 a year where my ex-wife earns roughly 60K plus $1000 quarterly bonuses. I recently had a third child and have had to take on a part time job in order to pay for her daycare while being able to maintain child support. I have not been behind and am currently paying an additional $320 a month (not ordered) as daycare costs went up for an additional two days a week. I'm to a point where I cannot make my car payment on time, and cannot fully support myself or my new daughter as I simply don't make enough money. Surely I'm paying too much but don't know what to do. I need help! I'm not interested in paying the least amount possible, simply, what's fair. I have the boys every other weekend from Friday at 4 until Sunday at 4. Thanks.

Colorado uses a standard calculator based on both parent's incomes and the amount of time (overnights) each parent has the child. The calculator is here:

http://www.courts.state.co.us/Forms/...orm_Type_ID=94

This should allow you to determine what you should be contributing. Colorado courts generally feel that you should not MAKE more children than you can support, so if you had an existing child support order, and still chose to have MORE children, the court will expect you to do whatever you need to do in order to both continue your child support and pay for your new child; whether that means cutting expenses, increasing your income, or both. In some states, having an additional child can be a change of circumstance that allows for modification of support - in Colorado, it's not:

CRS 14.10.122

Notice how the factors which lead to modification CAN include things like changes in income, having FEWER children to support, having reduced costs, or there being a significant change in the amount of time the children spend with each parent - but that having MORE children from a new relationship cannot reduce support to the original children. All the appearance of the new child can do is come into play to potentially prevent any INCREASE in child support for the existing children.

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Quoting GADawgBrandon

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My question involves child support in the State of: Colorado

I am ordered to pay $1160 a month for my two sons (2&4). From what I understand, I pay 47 percent of their daycare, healthcare and other estimated costs. I earn 47,900 a year where my ex-wife earns roughly 60K plus $1000 quarterly bonuses. I recently had a third child and have had to take on a part time job in order to pay for her daycare while being able to maintain child support. I have not been behind and am currently paying an additional $320 a month (not ordered) as daycare costs went up for an additional two days a week. I'm to a point where I cannot make my car payment on time, and cannot fully support myself or my new daughter as I simply don't make enough money. Surely I'm paying too much but don't know what to do. I need help! I'm not interested in paying the least amount possible, simply, what's fair. I have the boys every other weekend from Friday at 4 until Sunday at 4. Thanks.

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That does seem a little high...google an online child support calculator for your state and run the numbers.

Thanks to you both. It should be noted, the divorce wasn't final until August '13. My girlfriend got pregnant April '13. I was paying the estimated support at that point and was not ordered at that point. I am familiar with the CS calculator that Colorado uses. I just wonder if something wasn't done correctly. I wouldn't have expected the amount of CS I pay to have such a large impact on my sustainability otherwise. By no means am I complaining, I'm just in a world of hurt financially and I just see any way out while paying $1520 a month...That's more than I bring home in one paycheck.

Other children are taken into account when support is calcluated:

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Quoting C.R.S. Sec. 14-10-115(6) - Child Support Guidelines

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(6) Adjustments to gross income.

(a) The amount of child support actually paid by a parent with an order for support of other children shall be deducted from that parent's gross income.

(b)

(I) At the time of the initial establishment of a child support order, or in any proceeding to modify a support order, if a parent is also legally responsible for the support of other children for whom the parents do not share joint legal responsibility, an adjustment shall be made revising the parent's income prior to calculating the basic child support obligation for the children who are the subject of the support order if the children are living in the home of the parent seeking the adjustment or if the children are living out of the home, and the parent seeking the adjustment provides documented proof of money payments of support of those children. The amount shall not exceed the schedule of basic support obligations listed in this section. For a parent with a gross income of one thousand nine hundred dollars or less per month, the adjustment shall be seventy-five percent of the amount calculated using the low-income adjustment described in sub-subparagraphs (B) and (C) of subparagraph (II) of paragraph (a) of subsection (7) of this section based only upon the responsible parent's income, without any other adjustments for the number of other children for whom the parent is responsible. For a parent with gross income of more than one thousand nine hundred dollars per month, the adjustment shall be seventy-five percent of the amount listed under the schedule of basic support obligations in paragraph (b) of subsection (7) of this section that would represent a support obligation based only upon the responsible parent's income, without any other adjustments for the number of other children for whom the parent is responsible. The amount calculated as set forth in this subparagraph (I) shall be subtracted from the amount of the parent's gross income prior to calculating the basic support obligation based upon both parents' gross income, as provided in subsection (7) of this section.

(II) The adjustment pursuant to this paragraph (b), based on the responsibility to support other children, shall not be made to the extent that the adjustment contributes to the calculation of a support order lower than a previously existing support order for the children who are the subject of the modification hearing at which an adjustment is sought.

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Thank you... I am aware that the CS amount is calculated by my gross earnings. I stated net to illustrate my point. I promise you, I'm not a deadbeat dad... I know, I have one myself. I pay every penny and have long before it was mandated by a court. On top of CS, I buy them clothes, shoes, and haircuts. I’m simply looking for any suggestions as to how I could go about ensuring what I'm paying is correct. I don't go out and spend my money. I have reasonable expenses...utility bills, rent, car, insurance, and student loans...no debt otherwise. But when I think about the cost of living for myself, I don't see how the ends justify the means. If I net $1440 every two weeks, but pay $740 each paycheck directly to my ex-wife, how is it reasonable that I can afford a place to live, food to eat, along with other reasonable expenses? While i don't live on my own because my girlfriend and I share a two bedroom condo, with her out of the picture, I wouldn't be able to have a roof over my head that didn't put the boys at risk. It just seems like an awful lot...Maybe I should just deal with it..IDK...

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Quoting GADawgBrandon

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Thanks to you both. It should be noted, the divorce wasn't final until August '13. My girlfriend got pregnant April '13. I was paying the estimated support at that point and was not ordered at that point. I am familiar with the CS calculator that Colorado uses. I just wonder if something wasn't done correctly. I wouldn't have expected the amount of CS I pay to have such a large impact on my sustainability otherwise. By no means am I complaining, I'm just in a world of hurt financially and I just see any way out while paying $1520 a month...That's more than I bring home in one paycheck.

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That is why I am saying to run the numbers. It is possible that an error was made. However, if mom is providing the health insurance and the daycare costs are on the high end, it is possible that it could come to that much. Using just your incomes and no childcare or health insurance costs it came to just under 700.00 on the calculator I used. When I added in 1200.00 a month for childcare and 500.00 a month for health insurance (mom paying and you reimbursing) it came to about 1400.00. So again, your figures seem a bit on the high side.

Thank you!

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Quoting Mr. Knowitall

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Other children are taken into account when support is calcluated:

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But having other children ALONE is not a basis for modification. If OP has some OTHER basis on which to get a modification before the court, such as his initial order being errenous, that's one thing. Him having another child and wanting support reduced due to the additional expense of an added isn't a reason that will succeed for him in Texas without there being some OTHER issue for the court to be addressing first.

See the bottom:

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(II) The adjustment pursuant to this paragraph (b), based on the responsibility to support other children, shall not be made to the extent that the adjustment contributes to the calculation of a support order lower than a previously existing support order for the children who are the subject of the modification hearing at which an adjustment is sought.

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Thanks Catherine. Funny, when having the third child, it never dawned on me that modifying child support was even an option. I know what my obligations are and I what I must to honnor them. My ex-wife was the one who brought it up in fear that I would go that route.

This whole thing is tough no matter how you slice it.

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Quoting GADawgBrandon

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Funny, when having the third child, it never dawned on me that modifying child support was even an option.

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In SOME states, the arrival of a new bundle of joy CAN be grounds for modification in and of itself, because as you well know, it is definately a considerable change of circumstances and means more financial responsibilities. (And believe me, parents on those states are here frequently outraged and questioning why the "original" children get punished and child support reduced because of new children in later relationships; and unfortunately, all we can tell them is that their state guidelines are what they are; and tend to stay as they are until either (a) they are found unconstitutional in appellate courts, or (b) until voters convince their legislators that the laws should change).

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This whole thing is tough no matter how you slice it.

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It is. But it's also apparant that you're a dad who cares for all his children. I'm one of those optimists who genuinely believes that the universe has funny ways of stepping up to make life liveable when it seems it's not, especially if you're one of the "good guys". Take a look at the calculator, factor in everything relevant, see if you're paying too much, or, not getting credited with expenses that you are covering in lieu of just forking over cash. (Sometimes you're getting hit twice for the same thing, especially insurance issues.)

Thank you. Certainly not trying to win the best Dad of the Interwebs award...But my son's didn't ask for a little sister. Nor did they ask for a divorce. That said, it's just as important to me that they have what they need no matter which parent they're with. Thanks everyone!