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Child Support

Misconceptions About Child Support in Colorado

Child support can feel complicated, especially when friends, family, or the internet share “rules” that don’t apply in Colorado. Below are the most common misconceptions we hear, paired with short, plain-English explanations so you can quickly see what’s true, what’s not, and what to do next if your situation has changed.

1. Child Support Is A Penalty Against The Other Parent

Some parents see child support as punishment for their ex—not so. It’s meant to support the child’s expenses (clothing, education, and activities), not to penalize a parent.

2. Overtime And Side Work Always Count In Support Calculations

It depends.

  • Mandatory overtime, required by your job, is included.

  • Voluntary overtime or side gigs may not be considered unless they reflect your actual earning potential.
    Courts can impute income if you voluntarily reduce your earnings to avoid support.

3. Equal Or Joint Custody Means No Child Support

Not true. Colorado applies a 1.5 multiplier to the basic child support amount when the child spends more than 92 overnight visits with each parent—because shared custody often duplicates certain expenses.

Even with 50/50 custody, differing incomes can still result in a support obligation.

4. Child Support Ends At 18

In Colorado, child support generally ends at age 19, unless the child is still in high school, has special needs, or other unique circumstances apply.

5. Parents Can Set Any Support Amount They Agree On

Support amounts must follow Colorado’s statutory formula, based on incomes, insurance costs, overnight time, travel, and extraordinary medical needs. Private agreements are only enforceable if approved and filed by a court.

6. Child Support Must Be Spent Only on the Child

There’s no legal rule requiring specific spending. Support can be used for household needs, rent, groceries, etc., so long as it ultimately benefits the child.

7. Child Support Obligations Are Final and Unchangeable

Not so. Colorado allows modifications when there’s a substantial change, like income changes or altered childcare needs, but you must file a formal petition. Modifications are not automatic.

8. Once Support Is Ordered, You Must Pay It—No Exceptions

Colorado enforces orders strictly. Consequences for nonpayment include:

  • Wage garnishment (up to 60% of income per paycheck)

  • Suspension of driver’s/professional licenses or passports

  • Support judgments, contempt, interest accrual at 12% annually, and even imprisonment in severe cases

Misconception Reality (Colorado)
Child support is a penalty against the other parent. It’s for the child’s needs—housing, food, clothing, school, and activities—not a punishment.
Overtime and side work always count in calculations. Mandatory overtime is typically included. Voluntary or occasional side work may not be, unless it reflects true earning capacity.
Equal (50/50) parenting time means no child support. Not necessarily. Different incomes and shared-custody expense adjustments can still result in support.
Child support ends at 18. In Colorado, support generally ends at 19 (with exceptions for finishing high school, disability, or other court-recognized needs).
Parents can choose any amount if they agree. Courts use Colorado’s statutory formula. Agreements must be filed and approved to be enforceable.
Support must be spent only on the child, line by line. There’s no itemized spending rule. Funds may cover household costs that ultimately benefit the child.
Orders are final and can’t be changed. Orders can be modified if there’s a substantial, ongoing change (income, parenting time, childcare/medical costs). You must file to request it.
If payment gets tough, you can pause informally. Don’t stop paying without a court change. Nonpayment can trigger garnishments, interest, license issues, and other enforcement actions.

Modern Family Law

Every family’s finances and parenting schedule are different, which is why Colorado uses a formula—and why small changes can shift the result. If your income, parenting time, or the child’s needs have changed, you may be able to modify your order. Modern Family Law can help you understand your options, run an estimate, and file any updates correctly so your support accurately reflects your real-world situation.

Posted August 11, 2025
by: MFL Team


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