Key Issues in the Colorado Child Support Guidelines
| Publication year | 1987 |
| Pages | 51 |
1987, January, Pg. 51. Key Issues in the Colorado Child Support Guidelines
The Colorado Child Support Guidelines ("Guidelines") became effective on November 1, 1986.(fn1) While any piece of legislation has its rough spots and complexities, it is important to remember that the Guidelines are generally simple and straightforward in their application. In most cases they will save many attorney hours and client dollars in calculating child support.
Since the Guidelines legislation was signed into law, several key issues in their application have come into focus. This article identifies some of those issues and suggests solutions.
The first issue is deciding whether or not to use the Guidelines. They do create a rebuttable presumption in any action for child support, so the Guidelines apply to parentage cases and cases under the Uniform Reciprocal Enforcement of Support Act ("URESA").(fn2) However, courts may deviate if application of the Guidelines would be inequitable. If a court is to deviate, there must be findings supporting the reasons for not applying the presumed support level.
Even though there has been minimal experience in applying the Guidelines, some reasons supporting deviation have been suggested. For example, a parent with little or no income but substantial assets would unfairly underpay support if the Guidelines were applied. Likewise, a child with substantial assets may require an adjustment in support. Undoubtedly, a variety of other inequitable situations may require deviation from the Guidelines.
Stipulations are permitted and even encouraged by the Guidelines. A stipulation should be accompanied by the worksheet for the calculation and the required disclosure. If the stipulation does not follow the presumed support level, the court still will be required to make findings to approve the agreement. It would be wise to include the nonconforming stipulation with proposed findings to justify the stipulation.
The calculation starts with the gross income of each parent. For wage earners, this amount will be simple to ascertain. However, in addition to salary, the statute makes clear that all forms of income must be included. The only exclusion is means-tested public assistance programs such as food stamps and Aid to Families With Dependent Children.
For the non-wage earner, the Guidelines use a standard accounting definition of income:
gross receipts less ordinary and necessary business expenses. Excluded from expenses are accelerated depreciation, the (now repealed) investment tax credit and any other expense the court deems inappropriate. Also, expense accounts that are significant and reduce personal living expenses must be added to income.
One of the most troublesome elements of the Guidelines is the provision...
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