B.  Support Orders

C.R.S. § 19-6-104
C.R.S. § 19-4-116
After the court or delegate child support unit finds that respondent has an obligation to support the child(ren), the court or delegate child support unit may enter an order directing respondent to pay support that is reasonable under the circumstances.

In re Marriage of Dunkle, 194 P.3d 462 (Colo. App. 2008)
Voluntary overtime pay should be excluded from a parent’s gross income unless that pay is required by the employer as a condition of employment.

In re Marriage of Dunkle, 194 P.3d 462 (Colo. App. 2008)
Adoption subsidies and foster care payments should not be included in a parent’s income.


C.R.S. § 14-10-115
C.R.S. § 19-4-116
 C.R.S. § 19-6-104
C.R.S. § 14-14-104(1) & (2)
C.R.S. § 19-4-118
C.R.S. § 19-6-106
C.R.S. § 14-14-104(2)
The court may:
  • Order current support based on the child support guidelines;
  • Order payment of child support debt to the custodial parent that accrued prior to paternity being established;
  • Child support debt includes payment by DHS for public assistance for a child.

DHS is paid its debt only after the debt for support owed to the custodial parent is paid.

C.R.S. § 14-14-104(9)
A computer printout from DHS of public assistance paid is prima facie evidence of child support debt owing.

C.R.S. § 14-14-104(1) and (2)
Calculation of debt is based on current support times the number of months public assistance was paid (not to exceed the actual amount paid). The court may also:
  • Limit liability to the proportion of expenses already incurred as the court deems just;
  • Allocate the right to claim dependent children for income tax purposes (if all child support was paid during the tax year);
  • Order support payments to be made to the obligee, the family support registry, or other entity;
  • Include the child under a medical insurance policy; and
  • Include medical insurance deductibles and co-payments.
C.R.S. § 19-4-116(6)
C.R.S. § 19-6-104
When determining the amount of support, the court may also:
  • Consider the needs of the child;
  • Consider the standard of living;
  • Consider the child’s need for education and higher education;
  • Consider the child’s age;
  • Consider the child’s earning ability;
  • Consider the responsibility of the parents for support of others;
  • Consider the child support guidelines.
C.R.S. § 14-10-115(8)(e)
The court may deviate from the child support guidelines where its application would be inequitable, unjust, or inappropriate. To do so, the court must state:
  • Reason for the deviation (such as extraordinary medical expenses, extraordinary costs associated with parenting time, gross disparity in income between the parents, ownership of a nonincome producing asset, or overtime not considered work beyond full-time employment); and
  • Presumed support amount under the guideline.
C.R.S. § 14-10-115(14)(b)
The court may order the parties to exchange annual financial information. However, the custodial parent need not provide updated financial information where:
  • The non-custodial parent has failed to exercise parenting time rights;
  • When child support payments are in arrears; or
  • Where there is documented evidence of domestic violence, child abuse, or a violation of a restraining order on the part of the noncustodial parent.
People in the Interest of J.R.T., 70 P.3d 474 (Colo. 2003)
The trial court must examine all relevant factors concerning whether a parent is shirking a child support obligation by unreasonably foregoing higher-paying employment. If the court determines this issue affirmatively, the trial court must determine what the parent can reasonably earn and contribute to the child’s support.

C.R.S. § 19-4-116
Child support continues until the child reaches nineteen, unless earlier terminated by the court. Support may also continue beyond the child’s nineteenth birthday, if the child is unable to care for himself or herself because of mental or physical disability or for some other justifiable reason.



C.R.S. § 19-6-104(5.5)
The order of support must include the parent’s and child’s:
  • Social security numbers;
  • Date of birth;
  • Residential and mailing addresses.
C.R.S. § 19-6-104(2)
Parties may waive their right to a hearing and stipulate to a support amount. This amount may be ordered if the court finds its reasonable under the circumstances.

C.R.S. § 8-42-124
C.R.S. § 8-43-204(4)
C.R.S. § 13-54.5-101
Disability awarded to an employee may be subject to garnishment if the employee owes child support and a garnishment has been filed.