In Colorado, child support is calculated pursuant to a formula using the gross monthly incomes of both parents in the calculation.  The entire process is set forth in §14-10-115, Colorado Revised Statutes, and you can find a child support worksheet and run a trial calculation at www.courts.state.co.us/Forms/Forms_List.cfm/Form_Type_ID/94.   However, the end result of the calculation is not necessarily the end of the discussion about what is the appropriate amount of child support in any given case.

The statute also provides that: “Courts may deviate from the guidelines and schedule of basic child support obligations where its application would be inequitable, unjust, or inappropriate.”  §14-10-115(8)(e), Colorado Revised Statutes.  Neither the statute itself, nor decisions from Colorado’s appellate courts, provide much guidance as to what circumstances would make it appropriate for a court to deviate, either upwards or downwards, from Colorado’s statutory guidelines, but the issue is worth examining.

As a practical matter, most cases will have child support set in the amount determined by using the statutory guidelines.  However, there are cases where an individual’s, or a couple’s, unique financial circumstances make using the guidelines to determine the amount of support unfair.

The parents of a child may agree to set child support in an amount either greater or less than the amount called for by the statutory guidelines.  However, the court is required to examine that agreement in light of what is called for by the statutory guidelines and to approve that agreement only if it is persuaded that applying the statutory guidelines would be “would be inequitable, unjust, or inappropriate.”  §14-10-115(8)(d and e), Colorado Revised Statutes.  So, if you have agreed to a support amount different from that reached by a statutory guideline calculation, then you need to be prepared to explain to a Judge or Magistrate why the court should accept your agreement.