In matters of child support, Colorado law provides special guidance when the combined gross incomes of the parents exceeds the maximum income outlined in the child support guidelines. See Colorado Revised Statutes, 14-10-115.
The standard guidelines provide an upper threshold of $30,000 in monthly income for purposes of calculating child support. This limit creates a rebuttable presumption that the minimum amount of support is that set forth in the highest level of the guidelines. This presumption may be rebutted and the Court may consider any factor that warrants a deviation from the stated guidelines.
As a result, the Court may exercise its discretion when determining how much child support to order. Among other factors, the Court shall consider the financial resources of each parent, financial resources of the children, the physical and emotional condition and educational needs of the children, and the standard by which the children would have lived had the relationship between the parents continued.
The children’s needs are paramount in determining child support. Accordingly, the Court should consider costs of food, shelter, clothing, medical care, education, and recreational costs at the level enjoyed prior to the parents’ separation. These examples are not an exhaustive list, but rather a starting point for determining the needs of the children. In order to deviate from the presumptive minimum child support order, such needs for the children must be quantified objectively into specific monetary requirements.
Having worked with many high net worth family law matters you can depend on us to help you navigate this complex field of high income child support determinations. Developing a highly unique and case specific support determination depends the skills of an experienced practitioner trained to identify the legal issues and to customize our legal strategies to the unique complexities of high income child support issues.