Colorado's Child Support Laws

• Colorado's child support orders are based upon the state's presumptive guidelines formula. Depending upon family incomes, the amount of parenting time between parents and their children, the number of children and children's needs, the child support guidelines establish a noncustodial parent's child support payments. Child support ends in Colorado when the child turns 19, unless the child is still in school, and in this case, child support terminates after graduation or until the child turns 21 of if the child has a serious disability. However, if the child marries or obtains a legal emancipation earlier than 19 or 21, then the support terminates.
  
  

Colorado's New Legislation

• The General Assembly passed new laws in 2002. The new family laws affect the state's child support guidelines for parents whose incomes do not exceed $1,850 per month. Parents with low-incomes are entitled to a low-income adjustment to the child support calculations. The low-income adjustment lowers the noncustodial parent's monthly child support obligations. The adjustments do not affect Colorado's parenting time considerations, and the General Assembly did not modify its visitation or parenting time statutes.
  
  

Visitation and Support

• Whether one parent pays less support or no support does not affect that parent's rights to spend time with their children. The obligation to support their children is separate from the parent's rights to spend time with their children. The custodial parent may not legally withhold visitation from the other parent or obstruct and interfere with the parent's access to their children. Withholding visitation can lead to a contempt order requiring hefty fines and even jail time for the parent that withholds visitation. Similarly, failing to pay child support may lead to a contempt order, collection proceedings or imprisonment.
  
  

Factors Affecting Visitation

• The amount of child support the noncustodial parent pays or doesn't pay is not a legal basis for reducing visitation. However, Colorado courts may consider the age of the children and their geographical proximity to the noncustodial parent. For instants, children under 2 may have less overnight visitations or no overnight visitations with their noncustodial parent. However, they may have more time during the day to visit with their noncustodial parent.
  
  

Considerations

• Since family laws can frequently change, you should not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.