What constitutes income for child support purposes in Colorado?

Website design By BotEap.comUnder Colorado law, the amount of child support determined in a child support action is generally tied to the income of the parties. However, what constitutes income in Colorado depends on several factors that apply to the circumstances of each case. First, Colorado measures one’s gross income rather than net income, and treats the definition of income quite liberally. See CRS 14-10-115 (3) (a).

Website design By BotEap.comSecond, while earned income certainly counts as income, it is not necessary to earn income. Rather, income can come from any source, such as interest on money in your account, bonuses, dividends, rent, capital gains, unemployment insurance benefits, workers’ compensation benefits, disability insurance benefits, monetary gifts. , lottery winnings and alimony. See CRS 14-10-115 (5) (a). This list is not exhaustive, but it illustrates the kinds of things that can constitute income even if the party is not running.

Website design By BotEap.comAlso, under Colorado law, when a party is unemployed or underemployed, the court may base child support on that party’s potential earnings rather than on their actual earnings. See CRS 14-10-115 (5) (b) (I). This is called imputed income and is used when the court finds that the party is evading his or her child support obligation by quitting a higher paying job. Previous employment, education, physical and mental health, and efforts to find a better job are just some of the factors that the court may consider in determining whether to impute income to one of the parties. However, there are some exceptions to the charge.

Website design By BotEap.comA Colorado court will not impute income to a party who is caring for a child of the parties and who is under 30 months of age, or who is physically or mentally incapacitated, or who has been sentenced to at least one year in prison. As always, it is good to consult with an attorney about applying the law to the facts of your case.