In Colorado, when a couple gets a divorce and the determination is made how much the noncustodial parent will pay the custodial parent in child support, there are many factors that will be considered. The parents’ income will weigh heavily on how much is paid and received. One issue that can have a significant impact on the income determination and whether there will be adjustments to gross income is if there are other children who a parent is legally responsible for, but is not the legal responsibility of the other person in the current case.
At the establishment of the support order or when there is a request for a child support modification, a parent who is legally responsible for other children and there is no joint responsibility will warrant an adjustment to the parent’s gross income before it is calculated. This will have an influence on the basic child support obligation.
A parent who is obligated to support another child will have the amount that is paid subtracted from his or her gross income. When the other child is living in a parent’s home, the court will subtract a certain amount based on the income, but it will not go beyond the basic support obligation. It goes by percentages contingent on income and living expenses. If there is another child who lives outside the parent’s home, there will be a deduction from the parent’s gross income if there is documented money that is paid to support that child.
When a couple divorces and child support is being determined, it is important to remember that some parents might have children from other relationships who also need support. When that is the case, the amount paid can be deducted from that parent’s gross income as the decision on child support payments in the new case is made. The best interests of the child are paramount and the child support guidelines should be considered in every situation. For parents in this circumstance, having legal assistance from a law firm that is experienced in family law and child support is essential.