1976, January, Pg. 45. FAMILY LAW NEWSLETTER.

5 Colo.Law. 45

Colorado Lawyer

1976.

1976, January, Pg. 45.

FAMILY LAW NEWSLETTER

45FAMILY LAW NEWSLETTER

Child Support Guidelines

In 1973, the late Judge William Burnett of the Denver District Court submitted to The Colorado Lawyer a guideline for family support for the Denver District Court Domestic Relations Division. The Family Law Council has been asked to render an opinion in reference to the appropriateness of republishing these guidelines in light of the repeated requests for additional copies of these guidelines, and the supposition that the guidelines are still being widely used by attorneys.

At the Family Law Council meeting of November 6, 1975, the issue of re-publication of the guidelines was presented for discussion. The Council, in an all but unanimous vote, concluded that the guidelines should not be re-published. In general, the opinion of the Council was that utilization of the guidelines was in effect contrary to the express purposes of Judge Burnett when he established them, those being: 1) the support guidelines were not intended to be a substitute for the exercise of judicial discretion; 2) that the support guidelines could increase office settlements and thus save the court time; and 3) the use of the guidelines could only be justified if the use of the guidelines resulted in more equitable determinations in awards of child support. The guidelines did not contemplate awards of spousal maintenance. Judge Burnett apparently believed that the suggested child support figures should be added to the spousal maintenance.

It was the general opinion of the twelve Family Law Council members present at the meeting that a Domestic Relations Court should rely solely upon the circumstances of each particular case and the particular situation of the parents when rendering a decision in the area of child support and/or spousal maintenance. It would be unheard of to prepare a chart for wide acceptance and use for spousal maintenance that would be utilized to the same extent that these guidelines had been utilized. The child support guidelines have been utilized almost as a bible by some attorneys and by some courts in establishing awards of child support. This practice, it was concluded, creates inequities when applied to the broad spectrum of parents.

In determining the propriety and the amount of the child support...