Child custody and support questions can be complex to answer because of the different types of custody and the many factors requiring consideration by the courts when making decisions.
Colorado does not refer to these concepts as “child custody”, (either legal custody or physical custody). Rather, we discuss this in terms of “decision-making” and “parenting time.”
Decision-making (“legal custody”) refers to the decision-making responsibility for raising a child. This is often shared and termed “joint decision-making” in Colorado and includes making decisions about major education, religion, extracurricular activities, and medical matters.
Parenting time (“physical custody”) refers to the time the child spends with both parents (regular time, summers, holidays, when and in what manner).
Assuming that both parents have joint decision-making AND shared parenting time (i.e., the child spends roughly equal time with both parents), how does this affect child support?
What are joint custody and sole custody?
In fact, Colorado does not use the terms “joint” or “sole” custody when it comes to how the child’s time is divided between parents.
We use the term “joint parental responsibility” or “primary parental responsibility”.
If you and your ex-spouse share overnight time with your child quite evenly, you have equal parenting time.
If, however, you exercise less than 93 overnights with your child per year, your ex-spouse is considered to have the majority of the parenting time.
You may still have joint decision-making responsibility (“legal custody”) even if one parent has primary parental responsibility. These two decisions do not always go hand in hand.
Is child support still paid with shared custody?
With joint parental responsibility, both parents take equal responsibility for looking after the day-to-day needs of the children.
Child support may still be warranted as it is determined using the following factors:
- The gross monthly incomes of both parents;
- Extraordinary expenses that are paid for the benefit of the child;
- Childcare costs;
- Health insurance costs.
As you can see, even when time is shared equally there are other financial considerations that could determine an award of child support. Simply because parents share equal time with a child, does not mean there won’t be an award of child support.
The Colorado courts use a formula and apply set guidelines in the majority of cases and deviations are not common.
What affects the amount of child support payable with joint custody?
Remember, the goal of child support is to ensure that the financial needs of the child are met until he or she is emancipated.
Specific formulas are used to determine the amount of child support payable in Colorado in any child support case, regardless of decision-making.
Along with a child support award the court can also divide the extraordinary medical expenses for the child, extracurricular expenses for the child and the tax credit/exemptions. If one parent is receiving child support from the other, there could still be additional financial contribution for medical expenses/extracurricular expenses, remember this is in addition to child support.
Equal parent incomes
If both parents have equal amounts of parenting time and roughly equal incomes, no child support may be payable.
Remember, the court places the best interests of the children above all else in these cases.
Most commonly, there is a discrepancy between parental incomes and one parent ends up paying some child support to the other parent. The laws are complex and it is best to seek assistance from a divorce lawyer when settling such matters.
Unsure how to claim child support?
If you have shared custody and are unsure if you qualify for receiving child support or you must pay it, one of our child support lawyers in Denver can provide guidance.
Start with a free case evaluation by calling Colorado Legal Group at 720.594.7360.