In Colorado, child support ensures that children receive financial support from both parents, even if the parents are separated, divorced, or were never married. The system is governed by Colorado Revised Statutes (C.R.S.) Title 14, Article 10, and enforced through the Colorado Division of Child Support Services (CSS).
What Is Child Support, and Who Pays It?
Child support is a court-ordered payment made by one parent to another to help cover the costs of raising a child. Typically, the parent with fewer overnights or less parenting time pays support to the parent with whom the child lives most of the time.
It doesn't matter whether the parents were married or not if you're a legal parent, you're responsible for financially supporting your child until they reach legal adulthood, and sometimes beyond.
The Colorado Child Support Formula
Colorado uses the "income shares" model to determine support obligations. This model assumes that a child should receive the same proportion of parental income they would have received if the parents were still together.
To calculate child support, courts look at several key inputs:
- Both parents' gross monthly incomes (before taxes)
- The number of overnight visits each parent has
- Childcare expenses related to employment
- Health insurance premiums for the child
- Other children either parent is already supporting
- Extraordinary medical or educational expenses
This data feeds into the official Colorado Child Support Guidelines Worksheet, which is used to produce a recommended monthly payment amount. You can preview what this might look like by using the Colorado Child Support Calculator.
When Does Child Support Start and End?
Child support typically begins once a court order is issued, which might coincide with a divorce, separation, or paternity case. It can also be retroactive meaning the court may order payments going back to when the case was filed or when the parents stopped living together.
In Colorado, support usually ends when the child:
- Turns 19 (the age of emancipation in the state)
- Or graduates high school (if they turn 19 during senior year)
There are exceptions:
- If the child has a disability that prevents self-sufficiency, support may continue indefinitely
- If the parents agree in writing to continue support through college, the court may enforce that agreement
Modifying a Child Support Order
Life changes, and Colorado law allows for modifications if your circumstances change significantly.
You can request a review if:
- Either parent has a substantial change in income (10% or more)
- There's a change in custody or parenting time
- The child's medical or educational needs change
Modifications aren't automatic. You must file a motion to modify support with the court or request a review through Child Support Services (CSS). In most cases, you'll need to wait three years after the last order unless the change is urgent and substantial.
Enforcement: What Happens If Payments Are Missed?
If the paying parent (called the obligor) fails to make payments, the state can step in through the Colorado Division of Child Support Services.
Enforcement tools include:
- Wage garnishment (automatic payroll deductions)
- Intercepting tax refunds or lottery winnings
- Suspending driver's licenses or professional licenses
- Liens against property or bank accounts
- Reporting the debt to credit bureaus
- Court actions for contempt, which may result in fines or jail time
Child support debt doesn't disappear. It accrues interest and remains enforceable until paid, even if the child becomes an adult.
What If One Parent Lives Out of State?
Thanks to federal laws like the Uniform Interstate Family Support Act (UIFSA), Colorado can enforce support orders across state lines. If the other parent moves away, you can still pursue payments through interstate enforcement agreements.
How to Apply for Child Support in Colorado
You don't need to go through a custody battle to get child support. Here's how to start:
- Open a case with the Colorado Division of Child Support Services (CSS).
- Submit financial information and any details about the child's needs.
- CSS will help with:
- Locating the other parent
- Establishing paternity, if needed
- Setting up a court order
- Managing payments and enforcement
Many parents apply for services online through Colorado's CSS portal.
If you're unsure where to start or need help with enforcement, Colorado Child Support Services can guide you. Legal aid organizations or family law attorneys are also good resources for personalized support.
Special Situations to Consider
There are special situations you need to consider when dealing with child support in Colorado:
Health Insurance
One or both parents may be ordered to provide health insurance coverage for the child. The cost is factored into the monthly support calculation.
Shared Parenting Time
If parents have close to equal time (usually measured in overnights), the amount of support may be reduced, but not always eliminated. The court will still factor in income disparities and expenses.
Self-Employed or Cash Income
For parents who are self-employed, underemployed, or working for cash, courts may impute income based on previous earnings, education, work history, or earning potential.
Understanding Income Calculations
Colorado takes a comprehensive view when determining income for child support purposes. This isn't just your take-home pay it includes virtually all sources of money coming into your household.
Gross income includes:
- Wages, salaries, tips, and bonuses
- Self-employment income (after business expenses)
- Unemployment benefits and disability payments
- Social Security benefits (including retirement and disability)
- Workers' compensation
- Investment income and rental income
- Military pay and allowances
- Spousal maintenance received from any source
What's typically excluded:
- Child support received for other children
- Public assistance benefits like TANF or food stamps
- Foster care payments
If a parent is voluntarily unemployed or underemployed, the court might "impute" income essentially assigning them an earning capacity based on their education, work history, and job market conditions.
Payment Methods and Processing
Colorado uses the Family Support Registry (FSR) to collect and distribute child support payments. This centralized system ensures accurate record-keeping and provides multiple payment options:
For paying parents:
- Automatic wage withholding (most common)
- Online payments via bank account or debit card
- Phone payments
- Money orders sent by mail
- In-person payments at certain locations
For receiving parents:
- Direct deposit to your bank account
- Prepaid debit card (the Colorado EPPiCard)
- Paper checks by mail
The FSR keeps detailed records of all payments, which can be crucial if disputes arise about payment history.
Tax Implications and Considerations
Child support has specific tax implications that both parents should understand:
For the paying parent:
- Child support payments are NOT tax-deductible
- You cannot claim the child as a dependent unless you have a separate agreement or court order allowing it
For the receiving parent:
- Child support received is NOT taxable income
- You can typically claim the child as a dependent for tax purposes (unless otherwise specified in your agreement)
This is different from spousal maintenance (alimony), which is tax-deductible for the payer and taxable income for the recipient.
Common Mistakes to Avoid
Understanding what NOT to do can save you time, money, and legal headaches:
Never:
- Stop paying support because you can't see your child support and visitation are separate legal issues
- Make payments directly to the other parent instead of through the FSR (you won't get credit)
- Assume child support automatically ends when your child turns 18 (in Colorado, it's 19 or high school graduation)
- Ignore modification opportunities if your income decreases significantly
Always:
- Keep detailed records of all payments and communications
- Report address and job changes promptly to CSS
- File for modification through proper legal channels rather than making informal agreements
Resources and Getting Help
Colorado offers numerous resources to help parents navigate the child support system:
Colorado Division of Child Support Services:
- Online portal for case management
- Customer service representatives in each county
- Educational materials and calculators
Legal assistance:
- Colorado Legal Aid for low-income families
- Family law attorneys for complex cases
- Self-help centers at many courthouses
Online tools:
- Child support calculator
- Payment history access
- Case status updates
Remember, child support exists to benefit your child. While the process can sometimes feel overwhelming, the goal is ensuring your child receives the financial support they need to thrive. Don't hesitate to seek help when you need it whether from CSS, legal aid, or other support services available in Colorado.
Colorado Child Support Basics
In Colorado, child support ensures that children receive financial support from both parents, even if the parents are separated, divorced, or were never married. The system is governed by Colorado Revised Statutes (C.R.S.) Title 14, Article 10, and enforced through the Colorado Division of Child Support Services (CSS).
What Is Child Support, and Who Pays It?
Child support is a court-ordered payment made by one parent to another to help cover the costs of raising a child. Typically, the parent with fewer overnights or less parenting time pays support to the parent with whom the child lives most of the time.
It doesn't matter whether the parents were married or not—if you're a legal parent, you're responsible for financially supporting your child until they reach legal adulthood, and sometimes beyond.
The Colorado Child Support Formula
Colorado uses the "income shares" model to determine support obligations. This model assumes that a child should receive the same proportion of parental income they would have received if the parents were still together.
To calculate child support, courts look at several key inputs:
- Both parents' gross monthly incomes (before taxes)
- The number of overnight visits each parent has
- Childcare expenses related to employment
- Health insurance premiums for the child
- Other children either parent is already supporting
- Extraordinary medical or educational expenses
This data feeds into the official Colorado Child Support Guidelines Worksheet, which is used to produce a recommended monthly payment amount. You can preview what this might look like by using the Colorado Child Support Calculator.
When Does Child Support Start and End?
Child support typically begins once a court order is issued, which might coincide with a divorce, separation, or paternity case. It can also be retroactive—meaning the court may order payments going back to when the case was filed or when the parents stopped living together.
In Colorado, support usually ends when the child:
- Turns 19 (the age of emancipation in the state)
- Or graduates high school (if they turn 19 during senior year)
There are exceptions:
- If the child has a disability that prevents self-sufficiency, support may continue indefinitely
- If the parents agree in writing to continue support through college, the court may enforce that agreement
Modifying a Child Support Order
Life changes, and Colorado law allows for modifications if your circumstances change significantly.
You can request a review if:
- Either parent has a substantial change in income (10% or more)
- There's a change in custody or parenting time
- The child's medical or educational needs change
Modifications aren't automatic. You must file a motion to modify support with the court or request a review through Child Support Services (CSS). In most cases, you'll need to wait three years after the last order unless the change is urgent and substantial.
Enforcement: What Happens If Payments Are Missed?
If the paying parent (called the obligor) fails to make payments, the state can step in through the Colorado Division of Child Support Services.
Enforcement tools include:
- Wage garnishment (automatic payroll deductions)
- Intercepting tax refunds or lottery winnings
- Suspending driver's licenses or professional licenses
- Liens against property or bank accounts
- Reporting the debt to credit bureaus
- Court actions for contempt, which may result in fines or jail time
Child support debt doesn't disappear. It accrues interest and remains enforceable until paid, even if the child becomes an adult.
What If One Parent Lives Out of State?
Thanks to federal laws like the Uniform Interstate Family Support Act (UIFSA), Colorado can enforce support orders across state lines. If the other parent moves away, you can still pursue payments through interstate enforcement agreements.
How to Apply for Child Support in Colorado
You don't need to go through a custody battle to get child support. Here's how to start:
- Open a case with the Colorado Division of Child Support Services (CSS).
- Submit financial information and any details about the child's needs.
- CSS will help with:
- Locating the other parent
- Establishing paternity, if needed
- Setting up a court order
- Managing payments and enforcement
Many parents apply for services online through Colorado's CSS portal.
If you're unsure where to start or need help with enforcement, Colorado Child Support Services can guide you. Legal aid organizations or family law attorneys are also good resources for personalized support.
Special Situations to Consider
There are special situations you need to consider when dealing with child support in Colorado:
Health Insurance
One or both parents may be ordered to provide health insurance coverage for the child. The cost is factored into the monthly support calculation.
Shared Parenting Time
If parents have close to equal time (usually measured in overnights), the amount of support may be reduced, but not always eliminated. The court will still factor in income disparities and expenses.
Self-Employed or Cash Income
For parents who are self-employed, underemployed, or working for cash, courts may impute income based on previous earnings, education, work history, or earning potential.
Understanding Income Calculations
Colorado takes a comprehensive view when determining income for child support purposes. This isn't just your take-home pay—it includes virtually all sources of money coming into your household.
Gross income includes:
- Wages, salaries, tips, and bonuses
- Self-employment income (after business expenses)
- Unemployment benefits and disability payments
- Social Security benefits (including retirement and disability)
- Workers' compensation
- Investment income and rental income
- Military pay and allowances
- Spousal maintenance received from any source
What's typically excluded:
- Child support received for other children
- Public assistance benefits like TANF or food stamps
- Foster care payments
If a parent is voluntarily unemployed or underemployed, the court might "impute" income—essentially assigning them an earning capacity based on their education, work history, and job market conditions.
Payment Methods and Processing
Colorado uses the Family Support Registry (FSR) to collect and distribute child support payments. This centralized system ensures accurate record-keeping and provides multiple payment options:
For paying parents:
- Automatic wage withholding (most common)
- Online payments via bank account or debit card
- Phone payments
- Money orders sent by mail
- In-person payments at certain locations
For receiving parents:
- Direct deposit to your bank account
- Prepaid debit card (the Colorado EPPiCard)
- Paper checks by mail
The FSR keeps detailed records of all payments, which can be crucial if disputes arise about payment history.
Tax Implications and Considerations
Child support has specific tax implications that both parents should understand:
For the paying parent:
- Child support payments are NOT tax-deductible
- You cannot claim the child as a dependent unless you have a separate agreement or court order allowing it
For the receiving parent:
- Child support received is NOT taxable income
- You can typically claim the child as a dependent for tax purposes (unless otherwise specified in your agreement)
This is different from spousal maintenance (alimony), which is tax-deductible for the payer and taxable income for the recipient.
Common Mistakes to Avoid
Understanding what NOT to do can save you time, money, and legal headaches:
Never:
- Stop paying support because you can't see your child—support and visitation are separate legal issues
- Make payments directly to the other parent instead of through the FSR (you won't get credit)
- Assume child support automatically ends when your child turns 18 (in Colorado, it's 19 or high school graduation)
- Ignore modification opportunities if your income decreases significantly
Always:
- Keep detailed records of all payments and communications
- Report address and job changes promptly to CSS
- File for modification through proper legal channels rather than making informal agreements
Resources and Getting Help
Colorado offers numerous resources to help parents navigate the child support system:
Colorado Division of Child Support Services:
- Online portal for case management
- Customer service representatives in each county
- Educational materials and calculators
Legal assistance:
- Colorado Legal Aid for low-income families
- Family law attorneys for complex cases
- Self-help centers at many courthouses
Online tools:
- Child support calculator
- Payment history access
- Case status updates
Remember, child support exists to benefit your child. While the process can sometimes feel overwhelming, the goal is ensuring your child receives the financial support they need to thrive. Don't hesitate to seek help when you need it—whether from CSS, legal aid, or other support services available in Colorado.
Frequently Asked Questions About Colorado Child Support
How long does it take to establish a child support order in Colorado?
The timeline varies depending on your situation, but typically takes 45-90 days from when you apply for services. If paternity needs to be established or if the other parent is difficult to locate, it can take longer. Cases where both parents cooperate and provide required documentation move faster through the system.
Can child support be modified if I lose my job or become disabled?
Yes, significant changes in income due to job loss or disability can qualify for modification. However, you must file for modification promptly—support obligations continue at the current amount until officially changed by the court. The court may temporarily reduce payments while you're unemployed, but you're still expected to actively seek employment.
What happens if my ex-spouse moves to another state with our child?
Colorado can still enforce your child support order even if your ex-spouse moves out of state. Thanks to interstate enforcement agreements, payments can be collected through wage garnishment and other methods regardless of where either parent lives. You should notify CSS of the move so they can coordinate with the other state's enforcement agencies.
How does shared custody (50/50 time) affect child support calculations?
Even with equal parenting time, child support may still be ordered if there's a significant income difference between parents. The calculation adjusts for shared expenses, but the higher-earning parent typically still pays some support to help equalize the children's standard of living in both homes.
Can I stop paying child support if my ex won't let me see my child?
No, you cannot stop paying child support due to visitation issues. Child support and parenting time are completely separate legal matters. If you're being denied access to your child, you need to file a separate court action for contempt or modification of the parenting plan, but support payments must continue.
What if my income is irregular because I'm self-employed or work seasonal jobs?
Courts will look at your average income over time, typically using tax returns from the past 1-2 years. For seasonal work, they may calculate based on annual income divided by 12 months. If your income has genuinely decreased, you can request a modification, but you'll need to provide detailed financial documentation.
How are medical expenses handled in addition to regular child support?
Health insurance costs are factored into the basic support calculation. Uninsured medical expenses (like co-pays, prescriptions, or therapy) are typically split between parents proportionally based on their incomes. Keep all medical receipts and bills, as these expenses are usually reimbursable separately from regular support payments.
What happens to unpaid child support (arrearages) when my child turns 19?
Unpaid child support doesn't disappear when your child reaches the age of emancipation. Arrearages continue to accrue interest and remain collectible indefinitely. The state can continue using enforcement tools like wage garnishment and asset seizure until the debt is paid in full, even years after your child becomes an adult.
Can grandparents or other relatives be ordered to pay child support?
Generally, only legal parents are responsible for child support. However, if grandparents or other relatives have legally adopted the child or been granted legal custody, they may become responsible for support. Simply providing financial help or having the child live with them doesn't create a legal support obligation.
How do I handle child support if my ex-spouse declares bankruptcy?
Child support obligations survive bankruptcy and cannot be discharged. While other debts may be eliminated, child support arrearages and ongoing support obligations continue. However, bankruptcy may affect the other parent's ability to pay, which could be grounds for a temporary modification if their income is significantly impacted.