The Colorado Method Of Calculating Child Support
The Colorado Method for child support is often used in shared or equal parenting situations. Generally, the family courts require that the parties share physical custody of the child(ren) for at least 40% of the time.
The formula utilizes the percentage of shared parenting and the child support guidelines. It is applied as follows:
- Add both parents' gross monthly income to determine the total child support from the KY Child Support Guideline (line 7). Then multiply that figure by 1.5 to determine the new total child support.
- Multiply that figure by the parents' proportionate income (for example, if dad brings in 75% of the total monthly income, multiply by 75% for dad and 25% for mom) to determine each “child support obligation.”
- Then multiply each parent's child support obligation from the above paragraph 2 by the percentage of “shared parenting” (for example, if mom has the child 9 out of 14 nights, multiply her figure by 64% and multiply dad's figure by 36%) and then SUBTRACT that number from the figures determined in paragraph 2 to determine each parent's new net child support obligation.
- Then, subtract the lower net child support figure (mom's) from the higher (dad's) to determine actual child support from one parent (dad) to the other (mom). (If neither parent pays health insurance or childcare, then this is the final child support obligation.)
- If one or both of the parent's pays for health insurance and/or childcare, then continue. Add together what is paid from either parent for health insurance and childcare monthly. That total is multiplied by the percentage each parent's income. The party with the child support obligation above subtracts what their percentage is from what they pay directly to the provider to determine if they have an over-payment for those expenses. If there is an over-payment, then it is subtracted from the child support obligation. If there is no over-payment, then it is added to the child support obligation.
While this method has been utilized by some family courts and upheld by the Kentucky Court of Appeals, child support deviations remain under the discretion of each individual family court. It is important to know how the family court presiding over your case has ruled in the past and what proof they required to deviate from the guidelines. If you have questions contact an experienced family law attorney to discuss child support in more detail.