Colorado Divorce Laws
14-10-101. Short title.
This article shall be known and may be cited as the "Uniform Dissolution of Marriage Act".
14-10-102. Purposes - rules of construction.
(1) This article shall be liberally construed and applied to promote its underlying purposes.
(2) Its underlying purposes are:
(a) To promote the amicable settlement of disputes that have arisen between parties to a marriage;
(b) To mitigate the potential harm to the spouses and their children caused by the process of legal dissolution of marriage; and
(c) To make the law of legal dissolution of marriage more effective for dealing with the realities of matrimonial experience by making an irretrievable breakdown of the marriage relationship the sole basis for its dissolution.
14-10-103. Definitions and interpretation of terms.
(1) As used in this article, unless the context otherwise requires, the term "decree" includes the term "judgment"; and, for the purposes of the tax laws of the state of Colorado or of any other jurisdiction, the term "maintenance" includes the term "alimony".
(2) Whenever any law of this state refers to or mentions divorce, annulment, or separate maintenance, said law shall be interpreted as if the words dissolution of marriage, declaration of invalidity of marriage, and legal separation, respectively, were substituted therefor.
(3) On and after July 1, 1993, the term "visitation" has been changed to "parenting time". It is not the intent of the general assembly to modify or change the meaning of the term "visitation" nor to alter the legal rights of a parent with respect to the child as a result of changing the term "visitation" to "parenting time".
(4) On and after February 1, 1999, the term "custody" and related terms such as "custodial" and "custodian" have been changed to "parental responsibilities". It is not the intent of the general assembly to modify or change the meaning of the term "custody" nor to alter the legal rights of any custodial parent with respect to the child as a result of changing the term "custody" to "parental responsibilities".
14-10-104. Uniformity of application and construction.
(1) This article shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this article among those states which enact it.
(2) The term "irretrievable breakdown" shall be construed as being similar to other terms having a like import in the law of other jurisdictions adopting this or a similar law.
14-10-104.5. Legislative declaration.
The general assembly recognizes that it is in the best interests of the parties to a marriage in which a dissolution has been granted and in which there are children of the marriage for the parties to be able to resolve disputes that arise subsequent to the dissolution in an amicable and fair manner. The general assembly further recognizes that, in most cases, it is in the best interests of the children of the marriage to have a relationship with both parents and that, in most cases, it is the parents' right to have a relationship with their children. The general assembly emphasizes that one of the underlying purposes of this article is to mitigate the potential harm to the spouses and their children and the relationships between the parents and their children caused by the process of legal dissolution of marriage. The general assembly recognizes that when a marriage in which children are involved is dissolved both parties either agree to or are subject to orders which contain certain obligations and commitments. The general assembly declares that the honoring and enforcing of those obligations and commitments made by both parties is necessary to maintaining a relationship that is in the best interest of the children of the marriage. In recognition thereof the general assembly hereby declares that both parties should honor and fulfill all of the obligations and commitments made between the parties and ordered by the court.
14-10-105. Application of Colorado rules of civil procedure.
(1) The Colorado rules of civil procedure apply to all proceedings under this article, except as otherwise specifically provided in this article.
(2) A proceeding for dissolution of marriage, legal separation, or declaration of invalidity of marriage shall be entitled "In re the Marriage of ________ and __________". A proceeding for the allocation of parental responsibilities or a support proceeding shall be entitled "In re the (Parental responsibilities concerning) (Support of) __________".
(3) The initial pleading in all proceedings under this article shall be denominated a petition. A responsive pleading shall be denominated a response. Other pleadings and all pleadings in other matters under this article shall be denominated as provided in the Colorado rules of civil procedure.
14-10-106. Dissolution of marriage - legal separation.
(1)(a) The district court shall enter a decree of dissolution of marriage when:
(I) The court finds that one of the parties has been domiciled in this state for ninety days next preceding the commencement of the proceeding;
(II) The court finds that the marriage is irretrievably broken; and
(III) The court finds that ninety days or more have elapsed since it acquired jurisdiction over the respondent either as the result of process pursuant to rule 4 of the Colorado rules of civil procedure or as the result of the act of the respondent in joining as copetitioner in the petition or in entering an appearance in any other manner.
(b) In connection with every decree of dissolution of marriage and to the extent of its jurisdiction to do so, the court shall consider, approve, or allocate parental responsibilities with respect to any child of the marriage, the support of any child of the marriage who is entitled to support, the maintenance of either spouse, and the disposition of property; but the entry of a decree with respect to parental responsibilities, support, maintenance, or disposition of property may be deferred by the court until a time subsequent to the decree of dissolution of marriage upon a finding that such deferral is necessary in the best interests of the parties.
(c) In a proceeding to dissolve a marriage or in a proceeding for legal separation or in a proceeding for declaration of invalidity, the court is deemed to have made an adjudication of the parentage of a child of the marriage if the court acts under circumstances that satisfy the jurisdictional requirements of section 14-5-201 and the final order:
(I) Expressly identifies a child as a "child of the marriage", "issue of the marriage", or similar words indicating that the husband is the father of the child; or
(II) Provides for support of the child by the husband unless paternity is specifically disclaimed in the order.
(d) Paternity is not adjudicated for a child not mentioned in the final order.
(2) If a party requests a decree of legal separation rather than a decree of dissolution of marriage, the court shall grant the decree in that form unless the other party objects.
14-10-107. Commencement - pleadings - abolition of existing defenses - automatic, temporary injunction - enforcement.
(1) All proceedings under this article shall be commenced in the manner provided by the Colorado rules of civil procedure.
(2) The petition in a proceeding for dissolution of marriage or legal separation shall allege that the marriage is irretrievably broken and shall set forth:
(a) The residence of each party and the length of residence in this state;
(b) The date and place of the marriage;
(c) The date on which the parties separated;
(d) The names, ages, and addresses of any living children of the marriage and whether the wife is pregnant;
(e) Any arrangements as to the allocation of parental responsibilities with respect to the children of the marriage and support of the children and the maintenance of a spouse;
(f) The relief sought; and
(g) A written acknowledgment by the petitioner and the co-petitioner, if any, that he or she has received a copy of, has read, and understands the terms of the automatic temporary injunction required by paragraph (b) of subsection (4) of this section.
(3) Either or both parties to the marriage may initiate the proceeding. In addition, a legal guardian, with court approval pursuant to section 15-14-315.5, C.R.S., or a conservator, with court approval pursuant to section 15-14-425.5, C.R.S., may initiate the proceeding. If a legal guardian or conservator initiates the proceeding, the legal guardian or conservator shall receive notice in the same manner as the parties to the proceeding.
(4)(a) Upon the commencement of a proceeding by one of the parties, or by a legal guardian or conservator of one of the parties, the other party shall be personally served in the manner provided by the Colorado rules of civil procedure, and he or she may file a response in accordance with such rules; except that, upon motion verified by the oath of the party commencing the proceeding or of someone in his or her behalf for an order of publication stating the facts authorizing such service, and showing the efforts, if any, that have been made to obtain personal service within this state, and giving the address or last-known address of each person to be served or stating that his or her address and last-known address are unknown, the court shall hear the motion ex parte and, if satisfied that due diligence has been used to obtain personal service within this state or that efforts to obtain the same would have been to no avail, shall order one publication of a consolidated notice in a newspaper published or having general circulation in the county in which the proceeding is filed, notwithstanding the provisions of article 70 of title 24, C.R.S. A consolidated notice shall be published at least once during a calendar month and shall list the proceedings filed subsequent to those named in the previously published consolidated notice, stating as to each proceeding the names of the parties, the action number, the nature of the action, that a copy of the petition and summons may be obtained from the clerk of the court during regular business hours, and that default judgment may be entered against that party upon whom service is made by such notice if he or she fails to appear or file a response within thirty days after the date of publication. Costs of publication of a consolidated notice may be assessed pro rata to each of the proceedings named in the notice; except that, if a party is indigent or otherwise unable to pay such publication costs, the costs shall be paid by the court from funds appropriated for the purpose. Service shall be complete upon such publication, and a response or appearance by the party served by publication under this subsection (4) shall be made within thirty days thereafter, or default judgment may be entered. No later than the day of publication, the clerk of the court shall also post for thirty consecutive days a copy of the process on a bulletin board in his or her office, and shall mail a copy of the process to the other party at his or her last-known address, and shall place in the file of the proceeding his or her certificate of posting and mailing. Proof of publication of the consolidated notice shall be by placing in the file a copy of the affidavit of publication, certified by the clerk of the court to be a true and correct copy of the original affidavit on file in the clerk's office.
(b) (I) Upon the filing of a petition for dissolution of marriage or legal separation by the petitioner or copetitioner or by a legal guardian or conservator on behalf of one of the parties and upon personal service of the petition and summons on the respondent or upon waiver and acceptance of service by the respondent, a temporary injunction shall be in effect against both parties until the final decree is entered or the petition is dismissed or until further order of the court:
(A) Restraining both parties from transferring, encumbering, concealing, or in any way disposing of, without the consent of the other party or an order of the court, any marital property, except in the usual course of business or for the necessities of life and requiring each party to notify the other party of any proposed extraordinary expenditures and to account to the court for all extraordinary expenditures made after the injunction is in effect;
(B) Enjoining both parties from molesting or disturbing the peace of the other party;
(C) Restraining both parties from removing the minor child or children of the parties, if any, from the state without the consent of the other party or an order of the court; and
(D) Restraining both parties, without at least fourteen days' advance notification and the written consent of the other party or an order of the court, from canceling, modifying, terminating, or allowing to lapse for nonpayment of premiums, any policy of health insurance, homeowner's or renter's insurance, or automobile insurance that provides coverage to either of the parties or the minor children or any policy of life insurance that names either of the parties or the minor children as a beneficiary.
(II) The provisions of the injunction shall be printed upon the summons and the petition and the injunction shall become an order of the court upon fulfillment of the requirements of subparagraph (I) of this paragraph (b). However, nothing in this paragraph (b) shall preclude either party from applying to the court for further temporary orders, an expanded temporary injunction, or modification or revocation under section 14-10-108.
(4.1) With regard to the automatic, temporary injunction that becomes effective in accordance with paragraph (b) of subsection (4) of this section when a petition for dissolution of marriage or legal separation is filed and served, whenever there is exhibited by the respondent to any duly authorized peace officer as described in section 16-2.5-101, C.R.S., a copy of the petition and summons duly filed and issued pursuant to this section, or, in the case of the petitioner, a copy of the petition and summons duly filed and issued pursuant to this section, together with a certified copy of the affidavit of service of process or a certified copy of the waiver and acceptance of service, and the peace officer has cause to believe that a violation of that part of the automatic, temporary injunction which enjoins both parties from molesting the other party has occurred, such peace officer shall use every reasonable means to enforce that part of the injunction against the petitioner or respondent. A peace officer shall not be held civilly or criminally liable for his or her action pursuant to this subsection (4.1) if the action is in good faith and without malice.
(5) Defenses to divorce and legal separation existing prior to January 1, 1972, including but not limited to condonation, connivance, collusion, recrimination, insanity, and lapse of time, are hereby abolished.
(6) All issues raised by these proceedings shall be resolved by the court sitting without a jury.
14-10-107.5. Entry of appearance to establish support.
(1) The attorney for the county department of social services may file an entry of appearance on behalf of the department in any proceeding for dissolution of marriage or legal separation under this article for purposes of establishing, modifying, and enforcing child support and medical support of a child on whose behalf the custodian of said child is receiving support enforcement services pursuant to section 26-13-106, C.R.S., and for purposes of establishing and enforcing reimbursement of payments for aid to families with dependent children.
(2) The county department of social services, upon the filing of the entry of appearance described in subsection (1) of this section or upon the filing of a legal pleading to establish, modify, or enforce the support obligation, shall be from that date forward, without leave or order of court, a third-party intervenor in the action for the purposes outlined in subsection (1) of this section without the necessity of filing a motion to intervene.
14-10-107.7. Required notice of involvement with department of human services.
When filing a petition for dissolution of marriage or legal separation, a petition in support or proceedings for the allocation of parental responsibilities with respect to the children of the marriage, or any other matter pursuant to this article with the court, if the parties have joint legal responsibility for a child for whom the petition seeks an order of child support, the parties shall be required to indicate on a form prepared by the court whether or not the parties or the dependent children of the parties have received within the last five years or are currently receiving benefits or public assistance from either the state department of human services or county department of social services. If the parties indicate that they have received such benefits or assistance, the court shall inform the appropriate delegate child support enforcement unit so that the unit can determine whether any support enforcement services are required. There shall be no penalty for failure to report as specified in this section.
14-10-107.8. Required notice of prior restraining or emergency protection orders to prevent domestic abuse - petitions for dissolution of marriage or legal separation.
(1) When filing a petition for dissolution of marriage or legal separation pursuant to this article, the filing party shall have a duty to disclose to the court the existence of any prior temporary or permanent restraining orders to prevent domestic abuse issued pursuant to article 14 of title 13, C.R.S., any mandatory restraining orders issued pursuant to section 18-1-1001, C.R.S., and any emergency protection orders issued pursuant to section 13-14-103, C.R.S., entered against either party by any court within two years prior to the filing of the petition of dissolution of marriage or legal separation. The disclosure required pursuant to this section shall address the subject matter of the previous restraining or emergency protection orders, including the case number and jurisdiction issuing such orders.
(2) After the filing of the petition, the court shall advise the parties concerning domestic violence services and potential financial resources that may be available and shall strongly encourage the parties to obtain such services for their children, in appropriate cases. If the parties' children participate in such services, the court shall apportion the costs of such services between the parties as it deems appropriate.
(3) The parties to a domestic relations petition filed pursuant to this article shall receive information concerning domestic violence services and potential financial resources that may be available.
14-10-108. Temporary orders in a dissolution case.
(1) In a proceeding for dissolution of marriage, legal separation, the allocation of parental responsibilities, or declaration of invalidity of marriage or a proceeding for disposition of property, maintenance, or support following dissolution of the marriage, either party may move for temporary payment of debts, use of property, maintenance, parental responsibilities, support of a child of the marriage entitled to support, or payment of attorney fees. The motion may be supported by an affidavit setting forth the factual basis for the motion and the amounts requested.
(1.5) The court may consider the allocation of parental responsibilities in accordance with the best interests of the child, with particular reference to the factors specified in section 14-10-124 (1.5).
(2) As a part of a motion of such temporary orders or by an independent motion accompanied by an affidavit, either party may request the court to issue a temporary order:
(a) Restraining any party from transferring, encumbering, concealing, or in any way disposing of any property, except in the usual course of business or for the necessities of life, and, if so restrained, requiring him to notify the moving party of any proposed extraordinary expenditures and to account to the court for all extraordinary expenditures made after the order is issued;
(b) Enjoining a party from molesting or disturbing the peace of the other party or of any child;
(c) Excluding a party from the family home or from the home of the other party upon a showing that physical or emotional harm would otherwise result.
(2.3) (Deleted)
(2.5) (Deleted)
(3) A party to an action filed pursuant to this article may seek, and the court may issue, a temporary or permanent protection order pursuant to the provisions of section 13-14-102, C.R.S.
(4) (Deleted)
(5) A temporary order or temporary injunction:
(a) Does not prejudice the rights of the parties or the child which are to be adjudicated at subsequent hearings in the proceeding;
(b) May be revoked or modified prior to final decree on a showing by affidavit of the facts necessary to revocation or modification of a final decree under section 14-10-122; and
(c) Terminates when the final decree is entered, unless continued by the court for good cause to a date certain, or when the petition for dissolution or legal separation is voluntarily dismissed.
(6) (Deleted)
(7) At the time a protection order is requested pursuant to section 13-14-102, C.R.S., the court shall inquire about, and the requesting party and such party's attorney shall have an independent duty to disclose, knowledge such party and such party's attorney may have concerning the existence of any prior protection orders or restraining orders of any court addressing in whole or in part the subject matter of the requested protection order.
14-10-109. Enforcement of protection orders.
The duties of peace officers enforcing orders issued pursuant to section 14-10-107 or 14-10-108 shall be in accordance with section 18-6-803.5, C.R.S., and any rules adopted by the Colorado supreme court pursuant to said section.
14-10-110. Irretrievable breakdown.
(1) If both of the parties by petition or otherwise have stated under oath or affirmation that the marriage is irretrievably broken or one of the parties has so stated and the other has not denied it, there is a presumption of such fact, and, unless controverted by evidence, the court shall, after hearing, make a finding that the marriage is irretrievably broken.
(2) If one of the parties has denied under oath or affirmation that the marriage is irretrievably broken, the court shall consider all relevant factors, including the circumstances that gave rise to the filing of the petition and the prospect of reconciliation, and shall:
(a) Make a finding whether the marriage is irretrievably broken; or
(b) Continue the matter for further hearing not less than thirty days nor more than sixty days later, or as soon thereafter as the matter may be reached on the court's calendar, and may suggest to the parties that they seek counseling. At the adjourned hearing, the court shall make a finding whether the marriage is irretrievably broken.
14-10-111. Declaration of invalidity.
(1) The district court shall enter its decree declaring the invalidity of a marriage entered into under the following circumstances:
(a) A party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity or because of the influence of alcohol, drugs, or other incapacitating substances.
(b) A party lacked the physical capacity to consummate the marriage by sexual intercourse, and the other party did not at the time the marriage was solemnized know of the incapacity.
(c) A party was under the age as provided by law and did not have the consent of his parents or guardian or judicial approval as provided by law.
(d) One party entered into the marriage in reliance upon a fraudulent act or representation of the other party, which fraudulent act or representation goes to the essence of the marriage.
(e) One or both parties entered into the marriage under duress exercised by the other party or a third party, whether or not such other party knew of such exercise of duress.
(f) One or both parties entered into the marriage as a jest or dare.
(g) The marriage is prohibited by law, including the following:
(I) A marriage entered into prior to the dissolution of an earlier marriage of one of the parties;
(II) A marriage between an ancestor and a descendant or between a brother and a sister, whether the relationship is by the half or the whole blood;
(III) A marriage between an uncle and a niece or between an aunt and a nephew, whether the relationship is by the half or the whole blood, except as to marriages permitted by the established customs of aboriginal cultures;
(IV) A marriage which was void by the law of the place where such marriage was contracted.
(2) A declaration of invalidity under subsection (1) of this section may be sought by any of the following persons and shall be commenced within the times specified, but in no event may a declaration of invalidity be sought after the death of either party to the marriage, except as provided in subsection (3) of this section:
(a) For the reasons set forth in either subsection (1)(a), (1)(d), (1) (e), or (1)(f) of this section, by either party to the marriage who was aggrieved by the conditions or by the legal representative of the party who lacked capacity to consent no later than six months after the petitioner obtained knowledge of the described condition;
(b) For the reason set forth in subsection (1)(b) of this section, by either party no later than one year after the petitioner obtained knowledge of the described condition;
(c) For the reason set forth in subsection (1)(c) of this section, by the underaged party, his parent, or his guardian, if such action for declaration of invalidity of marriage is commenced within twenty-four months of the date the marriage was entered into.
(3) A declaration of invalidity, for the reason set forth in subsection (1)(g) of this section, may be sought by either party; by the legal spouse in case of bigamous, polygamous, or incestuous marriages; by the appropriate state official; or by a child of either party at any time prior to the death of either party or prior to the final settlement of the estate of either party and the discharge of the personal representative, executor, or administrator of the estate or prior to six months after an estate is closed under section 15-12-1204, C.R.S.
(4) Children born of a marriage declared invalid are legitimate.
(5) Marriages declared invalid under this section shall be so declared as of the date of the marriage.
(6) The provisions of this article relating to the property rights of spouses, maintenance, and support of and the allocation of parental responsibilities with respect to the children on dissolution of marriage are applicable to decrees of invalidity of marriage.
(7) No decree shall be entered unless one of the parties has been domiciled in this state for thirty days next preceding the commencement of the proceeding or unless the marriage has been contracted in this state.
14-10-112. Separation agreement.
(1) To promote the amicable settlement of disputes between the parties to a marriage attendant upon their separation or the dissolution of their marriage, the parties may enter into a written separation agreement containing provisions for the maintenance of either of them, the disposition of any property owned by either of them, and the allocation of parental responsibilities, support, and parenting time of their children.
(2) In a proceeding for dissolution of marriage or for legal separation, the terms of the separation agreement, except terms providing for the allocation of parental responsibilities, support, and parenting time of children, are binding upon the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties, on their own motion or on request of the court, that the separation agreement is unconscionable.
(3) If the court finds the separation agreement unconscionable, the court may request the parties to submit a revised separation agreement, or the court may make orders for the disposition of property, support, and maintenance.
(4) If the court finds that the separation agreement is not unconscionable as to support, maintenance, and property:
(a) Unless the separation agreement provides to the contrary, its terms shall be set forth in the decree of dissolution or legal separation, and the parties shall be ordered to perform them; or
(b) If the separation agreement provides that its terms shall not be set forth in the decree, the decree shall identify the separation agreement and shall state that the court has found the terms not unconscionable.
(5) Terms of the agreement set forth in the decree may be enforced by all remedies available for the enforcement of a judgment, including contempt, but are no longer enforceable as contract terms.
(6) Except for terms concerning the support, the allocation of decision-making responsibility, or parenting time of children, the decree may expressly preclude or limit modification of terms set forth in the decree if the separation agreement so provides.
14-10-113. Disposition of property.
(1) In a proceeding for dissolution of marriage or in a proceeding for legal separation or in a proceeding for disposition of property following the previous dissolution of marriage by a court which at the time of the prior dissolution of the marriage lacked personal jurisdiction over the absent spouse or lacked jurisdiction to dispose of the property, the court, subject to the provisions of subsection (7) of this section, shall set apart to each spouse his or her property and shall divide the marital property, without regard to marital misconduct, in such proportions as the court deems just after considering all relevant factors including:
(a) The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker;
(b) The value of the property set apart to each spouse;
(c) The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the spouse with whom any children reside the majority of the time; and
(d) Any increases or decreases in the value of the separate property of the spouse during the marriage or the depletion of the separate property for marital purposes.
(2) For purposes of this article only, and subject to the provisions of subsection (7) of this section, "marital property" means all property acquired by either spouse subsequent to the marriage except:
(a) Property acquired by gift, bequest, devise, or descent;
(b) Property acquired in exchange for property acquired prior to the marriage or in exchange for property acquired by gift, bequest, devise, or descent;
(c) Property acquired by a spouse after a decree of legal separation; and
(d) Property excluded by valid agreement of the parties.
(3) Subject to the provisions of subsection (7) of this section, all property acquired by either spouse subsequent to the marriage and prior to a decree of legal separation is presumed to be marital property, regardless of whether title is held individually or by the spouses in some form of coownership such as joint tenancy, tenancy in common, tenancy by the entirety, and community property. The presumption of marital property described in this subsection (3) is overcome by a showing that the property was acquired by a method listed in subsection (2) of this section.
(4) Subject to the provisions of subsection (7) of this section, an asset of a spouse acquired prior to the marriage or in accordance with subsection (2)(a) or (2)(b) of this section shall be considered as marital property, for purposes of this article only, to the extent that its present value exceeds its value at the time of the marriage or at the time of acquisition if acquired after the marriage.
(5) For purposes of this section only, property shall be valued as of the date of the decree or as of the date of the hearing on disposition of property if such hearing precedes the date of the decree.
(6)(a) (I) Notwithstanding any anti-assignment, anti-alienation, or other provision of law to the contrary, all retirement benefits of any nature for public employees from a plan described in section 401(a), 403(b), 414 (d), or 457 of the federal "Internal Revenue Code of 1986", as amended, that is established pursuant to Colorado law shall be, in all actions for dissolution of marriage, legal separation, and declaration of invalidity of marriage, divisible directly by the plan upon written agreement of the parties to such an action pursuant to paragraph (c) of this subsection (6).
(II) The provisions of this subsection (6) shall apply to all dissolution of marriage, legal separation, and declaration of invalidity of marriage actions filed on or after January 1, 1997, and all dissolution of marriage, legal separation, or declaration of invalidity of marriage actions filed prior to January 1, 1997, in which the court did not enter a final property division order concerning the parties' public employee retirement benefits prior to January 1, 1997.
(b) As used in this subsection (6), unless the context otherwise requires:
(I) "Alternate payee" means a party to a dissolution of marriage, legal separation, or declaration of invalidity action who is not the participant of the public employee retirement plan divided or to be divided but who is married to or was married to the participant and who is to receive, is receiving, or has received all or a portion of the participant's retirement benefit by means of a written agreement as described in paragraph (c) of this subsection (6).
(II) "Defined benefit plan" means a retirement plan that is not a defined contribution plan and that usually provides benefits as a percentage of the participant's highest average salary, based on the plan's benefit formula and the participant's age and service credit at the time of retirement.
(III) "Defined contribution plan" means a retirement plan that provides for an individual retirement account for each participant and the benefits of which are based solely on the amount contributed to the participant's account and that includes any income, expenses, gains, losses, or forfeitures of accounts of other participants that may be allocated to the participant's account.
(IV) "Participant" means the person who is an active, inactive, or retired member of the public employee retirement plan.
(c) (I) The parties may enter into a marital agreement pursuant to part 3 of article 2 of this title or a separation agreement pursuant to section 14-10-112 concerning the division of a public employee retirement benefit between the parties pursuant to a written agreement. The parties shall submit such written agreement to the plan administrator within ninety days after entry of the decree and the permanent orders regarding property distribution in a proceeding for dissolution of marriage, legal separation, or declaration of invalidity of marriage.
(II) A written agreement dividing a public employee retirement benefit shall:
(A) Specify the full legal name of the retirement plan or plans to which it applies;
(B) Specify the name, social security number, and last-known mailing address of the participant and the alternate payee as well as the alternate payee's relationship to the participant;
(C) For an agreement concerning a defined benefit plan, specify the distribution method, as described in subparagraph (III) of this paragraph (c), subject, if the plan permits, to benefit adjustments payable at the same time and in the same manner as any benefit adjustments applied to the participant's distribution;
(D) For an agreement concerning a defined contribution plan, specify the alternate payee's portion of the participant's account as a fixed lump-sum amount, or as a percentage, in either case, as of a specified date, from specific accounts of the participant and, unless the plan adopts rules and regulations pursuant to paragraph (d) of this subsection (6) permitting the plan to retain the alternate payee's portion of the participant's account, require that distribution to the alternate payee be made within one hundred twenty days after a certified court order approving the agreement has been submitted to and received by the plan;
(E) Not provide for payments to the alternate payee or to the participant for which he or she would not otherwise be eligible if there were no dissolution of marriage, legal separation, or declaration of invalidity action pending;
(F) For an agreement concerning a defined benefit plan, not require the plan to pay the alternate payee prior to the date payments commence to the participant or prior to the participant attaining age sixty-five or actual retirement date, whichever date is earlier, or at such later date as the parties may otherwise agree in writing;
(G) For an agreement concerning a defined benefit plan, provide that the alternate payee's rights to payments terminate upon the involuntary termination of benefits payable to the participant or upon the death of the alternate payee, whichever occurs first, unless the parties agree to elect, or have already elected, a benefit option under the plan that provides for a cobeneficiary benefit to the alternate payee;
(H) Provide that the manner of payment shall be in a form or type permissible under the plan. The agreement shall not require through this subsection (6) the payment of a benefit, benefit amount, or distribution option not otherwise set out in the plan document or statute.
(I) Not require the plan to pay benefits that are already required to be paid to another alternate payee or are already subject to an assignment or lien;
(J) Specify that it shall apply to successor plans;
(K) Comply with any rules or procedures promulgated pursuant to paragraph (d) of this subsection (6); and
(L) Specify that, once approved by the court, the order approving the agreement shall be certified by the clerk of the court and submitted to and received by the retirement plan at least thirty days before the plan may make its first payment.
(III) The written agreement between the parties described in subparagraph (II) of this paragraph (c) shall contain only one method or formula to be applied to divide the defined benefit plan. For purposes of sub-subparagraph (C) of subparagraph (II) of this paragraph (c), the parties may select any one of the following methods by which to divide the defined benefit plan:
(A) A fixed monetary amount;
(B) A fixed percentage of the payment to the participant;
(C) The time-rule formula determined by dividing the number of months of service credit acquired under the plan during the marriage as set forth in the court's order by the number of months of service credit in such plan at the time of the participant's retirement as determined by the plan, which quotient shall be multiplied by a percentage specified in the court's order, and the product thereof shall be further multiplied by the amount of the payment to the participant at the date of retirement;
(D) A formula determined by dividing the number of months of service credit acquired under the plan during the marriage as set forth in the court's order by the number of months of service credit in such plan as of the date of the decree as determined by the plan, regardless of when the participant is expected to retire, which quotient shall be multiplied by a percentage specified in the court's order, and the product thereof shall be further multiplied by the amount of the payment the participant would be entitled to receive as if the participant were to retire and receive an unreduced benefit on the date of the decree; or
(E) Any other method or formula mutually agreed upon by the parties that specifies a dollar amount or percentage payable to the alternate payee.
(d) The trustees or the administrator of each retirement plan may promulgate rules or procedures governing the implementation of this subsection (6) with respect to public employee retirement plans that they administer. Such rules or procedures may include the requirement that a standardized form be used by the parties and the court for an order approving the parties' agreement to be effective as well as other provisions consistent with the purpose of this subsection (6).
(e) Compliance with the provisions of this subsection (6) by a public employee retirement plan shall not subject the plan to any portions of the federal "Employee Retirement Income Security Act of 1974", as amended, that do not otherwise affect governmental plans generally. Any plan that reasonably complies with an order approving an agreement entered into pursuant to this subsection (6) shall be relieved of liability for payments made to the parties subject to such order.
(f) A court shall have no jurisdiction to enter an order dividing a public employee retirement benefit except upon written agreement of the parties pursuant to this subsection (6). A court shall have no jurisdiction to modify an order approving a written agreement of the parties dividing a public employee retirement benefit unless the parties have agreed in writing to the modification. A court may retain jurisdiction to supervise the implementation of the order dividing the retirement benefits.
(7)(a) For purposes of subsections (1) to (4) of this section only, except with respect to gifts of nonbusiness tangible personal property, gifts from one spouse to another, whether in trust or not, shall be presumed to be marital property and not separate property. This presumption may be rebutted by clear and convincing evidence.
(b) For purposes of subsections (1) to (4) of this section only, "property" and "an asset of a spouse" shall not include any interest a party may have as an heir at law of a living person or any interest under any donative third party instrument which is amendable or revocable, including but not limited to third-party wills, revocable trusts, life insurance, and retirement benefit instruments, nor shall any such interests be considered as an economic circumstance or other factor.
(c) (I) The provisions of this subsection (7) shall apply to all causes of action filed on or after July 1, 2002. The provisions of this subsection (7) shall also apply to all causes of action filed before said date in which a final property disposition order concerning matters affected by this subsection (7) was not entered prior to July 1, 2002.
(II) For purposes of this paragraph (c), "final property disposition order" means a property disposition order for which the time to appeal has expired or for which all pending appeals have been finally concluded.
14-10-114. Maintenance.
(1) Legislative declaration. The general assembly hereby finds that the economic lives of spouses are frequently closely intertwined in marriage and that it is often impossible to later segregate the respective decisions and contributions of the spouses. The general assembly further finds that when a dissolution of marriage or legal separation action has been filed and temporary orders are to be determined pursuant to section 14-10-108, it is generally appropriate to utilize the period of temporary orders as a period of adjustment during which the marital arrangements of the parties may be recognized through a temporary blending of the parties' incomes. Accordingly, the general assembly declares that for purposes of temporary orders, it is appropriate in most cases to apply a presumptive formula to the determination of temporary maintenance.
(2)(a) In every proceeding for dissolution of marriage or legal separation when temporary maintenance is requested by a party and when the combined annual gross income of the two parties is seventy-five thousand dollars or less, there shall be a rebuttable presumption in favor of a specific award of temporary maintenance from the higher income party to the lower income party based upon the formula set forth in paragraph (b) of this subsection (2). In those cases in which the combined annual gross income of the parties exceeds seventy-five thousand dollars, the court may award a monthly amount of temporary maintenance pursuant to the provisions of subsections (3) and (4) of this section.
(b) (I) (A) The monthly amount of temporary maintenance in cases in which the parties' combined annual gross income is seventy-five thousand dollars or less shall be equal to forty percent of the higher income party's monthly adjusted gross income less fifty percent of the lower income party's monthly adjusted gross income. If the remainder of such calculation is the number zero or a negative number, the presumption shall be that temporary maintenance shall not be awarded. If the remainder of such calculation is more than zero, that amount shall be the amount of the monthly temporary maintenance.
(B) In any action to establish or modify temporary maintenance pursuant to this subsection (2), the formula set forth in sub-subparagraph (A) of this subparagraph (I) shall be used as a rebuttable presumption for the establishment or modification of the amount of temporary maintenance. Courts shall deviate from the formula where its application would be inequitable or unjust. Any such deviation shall be accompanied by written or oral findings by the court specifying the reasons for the deviation and the presumed amount under the formula without deviation.
(C) The parties may agree in writing to waive temporary maintenance under this subsection (2) where one party is otherwise entitled to temporary maintenance under the formula or the parties may agree in writing to deviate from the presumptive amount of temporary maintenance. Any such agreement to waive temporary maintenance or to deviate from the presumptive amount shall include the reason or consideration for the waiver or deviation. The court shall have jurisdiction to review such agreement and to decline to approve such agreement if the court determines that the agreement is unconscionable.
(II) At the time of the initial establishment of temporary maintenance pursuant to this subsection (2), or in any proceeding to modify a temporary maintenance order pursuant to this subsection (2), if a party is under an obligation to pay maintenance or alimony pursuant to a prior valid court order, an adjustment shall be made revising such party's income by the amount of such maintenance or alimony actually paid prior to calculating the amount of temporary maintenance.
(III) At the time of the initial establishment of temporary maintenance pursuant to this subsection (2), or in any proceeding to modify a temporary maintenance order pursuant to this subsection (2), if a party is legally responsible for the support of other children who are not the children of the parties and for whom the parties do not share joint legal responsibility, an adjustment shall be made revising such party's income by the amount of such child support paid prior to calculating the amount of temporary maintenance.
(IV) (A) For purposes of this section, "income" shall have the same meaning as that term is described in section 14-10-115(7).
(B) For purposes of calculating the formula set forth in this paragraph (b), "monthly adjusted gross income" means gross income less preexisting maintenance or alimony obligations actually paid by a party as described in subparagraph (II) of this paragraph (b) and less the amount of child support paid by a party, as described in subparagraph (III) of this paragraph (b).
(c) The period of time covered by any temporary maintenance ordered pursuant to this subsection (2), upon the request of a party, shall begin at the time of the parties' physical separation or filing of the petition or service upon the respondent, whichever occurs last, taking into consideration payments made by either party during such period.
(d) Because spousal maintenance awards entered at temporary orders pursuant to this subsection (2) are made under different standards and for different reasons than spousal maintenance awards entered at permanent orders, the temporary maintenance formula set forth in this subsection (2) shall not be used for the determination of spousal maintenance orders to be entered at permanent orders and any temporary maintenance order entered pursuant to this subsection (2) shall not prejudice the rights of either party at permanent orders.
(e) After determining the presumptive amount of temporary maintenance pursuant to this subsection (2) and the amount of temporary child support pursuant to section 14-10-115, the court shall consider the respective financial resources of each party and determine the temporary payment of marital debt and the temporary allocation of marital property.
(3) In a proceeding for dissolution of marriage or legal separation or a proceeding for maintenance following dissolution of marriage by a court, the court may grant a temporary maintenance order when the parties' combined annual gross income is more than seventy-five thousand dollars or a maintenance order at the time of permanent orders for either spouse only if it finds that the spouse seeking maintenance:
(a) Lacks sufficient property, including marital property apportioned to him or her, to provide for his or her reasonable needs; and
(b) Is unable to support himself or herself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.
(4) A temporary maintenance order in those circumstances in which the parties' combined annual gross income is more than seventy-five thousand dollars or a maintenance order entered at the time of permanent orders shall be in such amounts and for such periods of time as the court deems just, without regard to marital misconduct, and after considering all relevant factors including:
(a) The financial resources of the party seeking maintenance, including marital property apportioned to such party, and the party's ability to meet his or her needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party;
(b) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and that party's future earning capacity;
(c) The standard of living established during the marriage;
(d) The duration of the marriage;
(e) The age and the physical and emotional condition of the spouse seeking maintenance; and
(f) The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance.
14-10-115. Child support - guidelines - schedule of basic child support obligations.
(1) In a proceeding for dissolution of marriage, legal separation, maintenance, or child support, the court may order either or both parents owing a duty of support to a child of the marriage to pay an amount reasonable or necessary for the child's support and may order an amount determined to be reasonable under the circumstances for a time period that occurred after the date of the parties' physical separation or the filing of the petition or service upon the respondent, whichever date is latest, and prior to the entry of the support order, without regard to marital misconduct, after considering all relevant factors including:
(a) The financial resources of the child;
(b) The financial resources of the custodial parent;
(c) The standard of living the child would have enjoyed had the marriage not been dissolved;
(d) The physical and emotional condition of the child and his educational needs; and
(e) The financial resources and needs of the noncustodial parent.
(1.5) (a) For child support orders entered prior to July 1, 1997, unless a court finds that a child is otherwise emancipated, emancipation occurs and child support terminates when the child attains nineteen years of age unless one or more of the following conditions exist:
(I) The parties agree otherwise in a written stipulation after July 1, 1991.
(II) If the child is mentally or physically disabled, the court or the delegate child support enforcement unit may order child support, including payments for medical expenses or insurance or both, to continue beyond the age of nineteen.
(III) If the child is still in high school or an equivalent program, support continues until the end of the month following graduation, unless there is an order for postsecondary education, in which case support continues through postsecondary education as provided in subparagraph (I) of paragraph (b) of this subsection (1.5). A child who ceases to attend high school prior to graduation and later reenrolls is entitled to support upon reenrollment and until the end of the month following graduation, but not beyond age twenty-one.
(b) (I) If the court finds that it is appropriate for the parents to contribute to the costs of a program of postsecondary education, then the court shall terminate child support and enter an order requiring both parents to contribute a sum determined to be reasonable for the education expenses of the child, taking into account the resources of each parent and the child. In determining the amount of each parent's contribution to the costs of a program of postsecondary education for a child, the court shall be limited to an amount not to exceed the amount listed under the schedule of basic child support obligations in paragraph (b) of subsection (10) of this section for the number of children receiving postsecondary education. The amount of contribution which each parent is ordered to pay pursuant to this paragraph (b) shall be subtracted from the amount of each parent's gross income, respectively, prior to calculating the basic child support obligation for any remaining children pursuant to subsection (10) of this section. In no case shall the court issue orders providing for both child support and postsecondary education to be paid for the same time period for the same child regardless of the age of the child. Either parent or the child may move for such an order at any time before the child attains the age of twenty-one years. Either a child seeking an order for postsecondary education expenses or on whose behalf postsecondary education expenses are sought, or the parent from whom the payment of postsecondary education expenses are sought, may request that the court order the child and such parent to seek mediation prior to a hearing on the issue of postsecondary education expenses. Mediation services shall be provided in accordance with section 13-22-305, C.R.S. The court may order the parties to seek mediation if the court finds that mediation is appropriate. Postsecondary education includes college and vocational education programs. If such an order is entered, the parents shall contribute to the total sum determined by the court in proportion to their adjusted gross incomes as defined in subparagraph (II) of paragraph (a) of subsection (10) of this section. The order for postsecondary education support may not extend beyond the earlier of the child's twenty-first birthday or the completion of an undergraduate degree. The court may order the support paid directly to the educational institution, to the child, or in such other fashion as is appropriate to support the education of the child. If the child resides in the home of one parent while attending school or during periods of time in excess of thirty days when school is not in session, the court may order payments from one parent to the other for room and board until the child attains the age of nineteen. A child shall not be considered emancipated solely by reason of living away from home while in postsecondary education.
(II) If the court orders support pursuant to subparagraph (I) of this paragraph (b), the court or delegate child support enforcement unit may also order that the parents provide health insurance for the child or pay medical expenses of the child or both for the duration of such order. Such order shall provide that these expenses be paid in proportion to their adjusted gross incomes as defined in subparagraph (II) of paragraph (a) of subsection (10) of this section. The court or delegate child support enforcement unit shall order a parent to provide health insurance if the child is eligible for coverage as a dependent on that parent's insurance policy or if health insurance coverage for the child is available at reasonable cost.
(c) This subsection (1.5) shall apply to all child support obligations established or modified as a part of any proceeding, including but not limited to articles 5, 6, and 10 of this title and articles 4 and 6 of title 19, C.R.S., prior to July 1, 1997. This subsection (1.5) shall not apply to child support orders established on or after July 1, 1997, which shall be governed by subsection (1.6) of this section.
(c.5) An order for postsecondary education expenses entered between July 1, 1991, and July 1, 1997, may be modified pursuant to this subsection (1.5) to provide for postsecondary education expenses subject to the statutory provisions for determining the amount of a parent's contribution to the costs of postsecondary education, the limitations on the amount of a parent's contribution, and the changes to the definition of postsecondary education consistent with this section as it existed on July 1, 1994. An order for child support entered prior to July 1, 1997, that does not provide for postsecondary education expenses shall not be modified pursuant to this subsection (1.5).
(d) Postsecondary education support may be established or modified in the same manner as child support under this article.
(e) For the purposes of this section, "postsecondary education support" means support for the following expenses associated with attending a college, university, or vocational education program: Tuition, books, and fees.
(1.6) For child support orders entered on or after July 1, 1997, unless a court finds that a child is otherwise emancipated, emancipation occurs and child support terminates without either party filing a motion when the child attains nineteen years of age unless one or more of the following conditions exist:
(a) The parties agree otherwise in a written stipulation after July 1, 1997.
(b) If the child is mentally or physically disabled, the court or the delegate child support enforcement unit may order child support, including payments for medical expenses or insurance or both, to continue beyond the age of nineteen.
(c) If the child is still in high school or an equivalent program, support continues until the end of the month following graduation. A child who ceases to attend high school prior to graduation and later reenrolls is entitled to support upon reenrollment and until the end of the month following graduation, but not beyond age twenty-one.
(1.7) Nothing in subsection (1.5) or (1.6) of this section shall preclude the parties from agreeing in a written stipulation or agreement on or after July 1, 1997, to continue child support beyond the age of nineteen or to provide for postsecondary education expenses for a child and to set forth the details of the payment of such expenses. If such stipulation or agreement is approved by the court and made part of a decree of dissolution of marriage or legal separation, the terms of such agreement shall be enforced as provided in section 14-10-112.
(2) (Deleted)
(3)(a) In any action to establish or modify child support, whether temporary or permanent, the child support guideline as set forth in this section shall be used as a rebuttable presumption for the establishment or modification of the amount of child support. Courts may deviate from the guideline where its application would be inequitable, unjust, or inappropriate. Any such deviation shall be accompanied by written or oral findings by the court specifying the reasons for the deviation and the presumed amount under the guidelines without a deviation. These reasons may include, but are not limited to, the extraordinary medical expenses incurred for treatment of either parent or a current spouse, extraordinary costs associated with parenting time, the gross disparity in income between the parents, the ownership by a parent of a substantial nonincome producing asset, consistent overtime not considered in gross income under sub-subparagraph (C) of subparagraph (I) of paragraph (a) of subsection (7) of this section, or income from employment that is in addition to a full-time job or that results in the employment of the obligor more than forty hours per week or more than what would otherwise be considered to be full-time employment. The existence of a factor enumerated in this section does not require the court to deviate from the guidelines, but is a factor to be considered in the decision to deviate. The court may deviate from the guidelines even if no factor enumerated in this section exists.
(b) (I) Stipulations presented to the court shall be reviewed by the court for approval. No hearing shall be required; however, the court shall use the guideline to review the adequacy of child support orders negotiated by the parties as well as the financial affidavit which fully discloses the financial status of the parties as required for use of the guideline.
(II) When a child support order is entered or modified, the parties may agree or the court may require the parties to exchange financial information, including verification of insurance and its costs, pursuant to paragraph (c) of subsection (7) of this section and other appropriate information once a year or less often, by regular mail, for the purpose of updating and modifying the order without a court hearing. The parties shall use the approved standardized child support guideline forms in exchanging such financial information. Such forms shall be included with any agreed modification or an agreement that a modification is not appropriate at the time. If the agreed amount departs from the guidelines, the parties shall furnish statements of explanation, which shall be included with the forms and shall be filed with the court. The court shall review the agreement pursuant to this subparagraph (II) and inform the parties by regular mail whether or not additional or corrected information is needed, or that the modification is granted, or that the modification is denied. If the parties cannot agree, no modification pursuant to this subparagraph (II) shall be entered; however, either party may move for or the court may schedule, upon its own motion, a modification hearing.
(III) Upon request of the noncustodial parent, the court may order the custodial parent to submit an annual update of financial information using the approved standardized child support guideline forms, including information on the actual expenses relating to the children of the marriage for whom support has been ordered. The court shall not order the custodial parent to update such financial information pursuant to this subparagraph (III) in circumstances where the noncustodial parent has failed to exercise parenting time rights or when child support payments are in arrears or where there is documented evidence of domestic violence, child abuse, or a violation of a protection order on the part of the noncustodial parent. The court may order the noncustodial parent to pay the costs involved in preparing an update to the financial information. If the noncustodial parent claims, based upon the information in the updated form, that the custodial parent is not spending the child support for the benefit of the children, the court may refer the parties to a mediator to resolve the differences. If there are costs for such mediation, the court shall order that the party requesting the mediation pay such costs.
(c) The child support guideline has the following purposes:
(I) To establish as state policy an adequate standard of support for children, subject to the ability of parents to pay;
(II) To make awards more equitable by ensuring more consistent treatment of persons in similar circumstances; and
(III) To improve the efficiency of the court process by promoting settlements and giving courts and the parties guidance in establishing levels of awards.
(3.5) All child support orders entered pursuant to this article shall provide the social security numbers and dates of birth of the parties and of the children who are the subject of the order and the parties' residential and mailing addresses.
(4) The child support guideline does the following:
(a) Calculates child support based upon the parents' combined adjusted gross income estimated to have been allocated to the child if the parents and children were living in an intact household;
(b) Adjusts the child support based upon the needs of the children for extraordinary medical expenses and work-related child care costs;
(c) Allocates the amount of child support to be paid by each parent based upon physical care arrangements.
(5) The child support guideline shall be used with standardized child support guideline forms to be issued by the judicial department. The judicial department is responsible for promulgating and updating the Colorado child support guideline forms, schedules, and instructions.
(6) The child support guideline may be used by the parties as the basis for periodic updates of child support obligations.
(7) Determination of income. (a) For the purposes of the guideline specified in subsections (3) to (14) of this section, "income" means actual gross income of a parent, if employed to full capacity, or potential income, if unemployed or underemployed. Gross income of each parent shall be determined according to the following guidelines:
(I) (A) "Gross income" includes income from any source and includes, but is not limited to, income from salaries; wages, including tips declared by the individual for purposes of reporting to the federal internal revenue service or tips imputed to bring the employee's gross earnings to the minimum wage for the number of hours worked, whichever is greater; commissions; payments received as an independent contractor for labor or services; bonuses; dividends; severance pay; pensions and retirement benefits, including but not limited to those paid pursuant to article 64 of title 22, C.R.S., articles 51, 54, 54.5, 54.6, and 54.7 of title 24, C.R.S., and article 30 of title 31, C.R.S.; royalties; rents; interest; trust income; annuities; capital gains; any moneys drawn by a self-employed individual for personal use; social security benefits, including social security benefits actually received by a parent as a result of the disability of that parent or as the result of the death of the minor child's stepparent, but not including social security benefits received by a minor child or on behalf of a minor child as a result of the death or disability of a stepparent of the child; workers' compensation benefits; unemployment insurance benefits; disability insurance benefits; funds held in or payable from any health, accident, disability, or casualty insurance to the extent that such insurance replaces wages or provides income in lieu of wages; monetary gifts; monetary prizes, excluding lottery winnings not required by the rules of the Colorado lottery commission to be paid only at the lottery office; taxable distributions from general partnerships, limited partnerships, closely held corporations, or limited liability companies; and alimony or maintenance received. "Gross income" does not include child support payments received.
(B) "Gross income" does not include benefits received from means-tested public assistance programs, including but not limited to assistance provided under the Colorado works program, as described in part 7 of article 2 of title 26, C.R.S., supplemental security income, food stamps, and general assistance.
(C) "Gross income" includes overtime pay only if the overtime is required by the employer as a condition of employment. "Gross income" does not include income from additional jobs that result in the employment of the obligor more than forty hours per week or more than what would otherwise be considered to be full-time employment.
(II) (A) For income from self-employment, rent, royalties, proprietorship of a business, or joint ownership of a partnership or closely held corporation, "gross income" means gross receipts minus ordinary and necessary expenses required to produce such income.
(B) "Ordinary and necessary expenses" does not include amounts allowable by the internal revenue service for the accelerated component of depreciation expenses or investment tax credits or any other business expenses determined by the court to be inappropriate for determining gross income for purposes of calculating child support.
(III) Expense reimbursements or in-kind payments received by a parent in the course of employment, self-employment, or operation of a business shall be counted as income if they are significant and reduce personal living expenses.
(b) (I) If a parent is voluntarily unemployed or underemployed, child support shall be calculated based on a determination of potential income; except that a determination of potential income shall not be made for a parent who is physically or mentally incapacitated or is caring for a child under the age of thirty months for whom the parents owe a joint legal responsibility.
(I.5) If a noncustodial parent who owes past-due child support is unemployed and not incapacitated and has an obligation of support to a child receiving assistance pursuant to part 7 of article 2 of title 26, C.R.S., the court or delegate child support enforcement unit may order such parent to pay such support in accordance with a plan approved by the court or to participate in work activities. Work activities may include one or more of the following:
(A) Private or public sector employment;
(B) Job search activities;
(C) Community service;
(D) Vocational training; or
(E) Any other employment-related activities available to that particular individual.
(II) Repealed.
(III) For the purposes of this section, a parent shall not be deemed "underemployed" if:
(A) The employment is temporary and is reasonably intended to result in higher income within the foreseeable future; or
(B) The employment is a good faith career choice which is not intended to deprive a child of support and does not unreasonably reduce the support available to a child; or
(C) The parent is enrolled in an educational program which is reasonably intended to result in a degree or certification within a reasonable period of time and which will result in a higher income, so long as the educational program is a good faith career choice which is not intended to deprive the child of support and which does not unreasonably reduce the support available to a child.
(c) Income statements of the parents shall be verified with documentation of both current and past earnings. Suitable documentation of current earnings includes pay stubs, employer statements, or receipts and expenses if self-employed. Documentation of current earnings shall be supplemented with copies of the most recent tax return to provide verification of earnings over a longer period. A copy of wage statements or other wage information obtained from the computer data base maintained by the department of labor and employment shall be admissible into evidence for purposes of determining income under this subsection (7).
(d) The amount of child support actually paid by a parent with an order for support of other children shall be deducted from that parent's gross income. For the purposes of this section, "other children" means children who are not the subject of this particular child support determination.
(d.5) (I) At the time of the initial establishment of a child support order, or in any proceeding to modify a support order, if a parent is also legally responsible for the support of other children born prior to the children who are the subject of the child support order and for whom the parents do not share joint legal responsibility, an adjustment shall be made revising such parent's income prior to calculating the basic child support obligation for the children who are the subject of the support order if the children are living in the home of the parent seeking the adjustment or if the children are living out of the home, and the parent seeking the adjustment provides documented proof of money payments of support of those children. The amount shall not exceed the guidelines listed in this section. An amount equal to the amount listed under the schedule of basic child support obligations in paragraph (b) of subsection (10) of this section which would represent a support obligation based only upon the responsible parent's gross income, without any other adjustments, for the number of such other children for whom such parent is also responsible shall be subtracted from the amount of such parent's gross income prior to calculating the basic child support obligation based on both parents' gross income as provided in subsection (10) of this section.
(II) The adjustment pursuant to this paragraph (d.5), based on the responsibility to support other children, shall not be made to the extent that the adjustment contributes to the calculation of a support order lower than a previously existing support order for the children who are the subject of the modification hearing at which an adjustment is sought.
(e) (Repealed and deleted)
(8) Shared physical care. For the purposes of this section, "shared physical care" means that each parent keeps the children overnight for more than ninety-two overnights each year and that both parents contribute to the expenses of the children in addition to the payment of child support.
(9) Split physical care. For the purposes of this section, "split physical care" means that each parent has physical care of at least one of the children by means of that child or children residing with that parent the majority of the time.
(10) Basic child support obligations. (a) (I) The basic child support obligation shall be determined using the schedule of basic child support obligations contained in paragraph (b) of this subsection (10). The basic child support obligation shall be divided between the parents in proportion to their adjusted gross incomes.
(II) (A) The category entitled "combined gross income" in the schedule means the combined monthly adjusted gross incomes of both parents. For the purposes of subsections (3) to (14) of this section, "adjusted gross income" means gross income less preexisting child support obligations and less alimony or maintenance actually paid by a parent. For combined gross income amounts falling between amounts shown in the schedule, basic child support amounts shall be interpolated. The category entitled "number of children due support" in the schedule means children for whom the parents share joint legal responsibility and for whom support is being sought.
(B) Except as otherwise provided in sub-subparagraph (D) of this subparagraph (II), in circumstances in which the parents' combined monthly adjusted gross income is less than eight hundred fifty dollars, a child support payment of fifty dollars per month shall be required of the obligor. The minimum order of fifty dollars shall not apply when each parent keeps the children more than ninety-two overnights each year as defined in subsection (8) of this section. In no case, however, shall the amount of child support ordered to be paid exceed the amount of child support that would otherwise be ordered to be paid if the parents did not share physical custody.
(C) Except as otherwise provided in sub-subparagraph (D) of this subparagraph (II), in circumstances in which the parents' combined monthly adjusted gross income is eight hundred fifty dollars or more, but in which the parent with the least number of overnights per year with the child has a monthly adjusted gross income of less than one thousand eight hundred fifty dollars, the court or delegate child support enforcement unit, pursuant to section 26-13.5-105(4), C.R.S., shall perform a low-income adjustment calculation of child support as follows: The court or delegate child support enforcement unit shall determine each parent's monthly adjusted gross income, as that term is defined in sub-subparagraph (A) of this subparagraph (II). Based upon the parents' combined monthly adjusted gross incomes, the court or delegate child support enforcement unit shall determine the monthly basic child support obligation, using the schedule of basic child support obligations set forth in paragraph (b) of this subsection (10) and shall determine each parent's presumptive proportionate share of said obligation. The court or delegate child support enforcement unit shall then adjust the income of the parent with the fewest number of overnights per year with the child by subtracting nine hundred dollars from that parent's monthly adjusted gross income. The court shall multiply the resulting amount by a factor of forty percent. The product of the multiplication shall be added to the following basic minimum child support amount as additional minimum support, unless the product of the multiplication amount is zero or a negative figure, in which case the court shall add zero to the following basic minimum child support amount: Seventy-five dollars for one child; one hundred fifty dollars for two children; two hundred twenty-five dollars for three children; two hundred seventy-five dollars for four children; three hundred twenty-five dollars for five children; and three hundred fifty dollars for six or more children. The court or delegate child support enforcement unit shall compare the product of this addition to the parent's presumptive proportionate share of the monthly basic support obligation determined previously from the schedule of basic child support obligations. The lesser of the two amounts shall be the basic monthly support obligation to be paid by the low-income parent, as adjusted by the low-income parent's proportionate share of the work-related and education-related child care costs, health insurance, extraordinary medical expenses, and other extraordinary adjustments as described in subsections (11) to (13.5) of this section. The low-income adjustment shall not apply when each parent keeps the children more than ninety-two overnights each year as defined in subsection (8) of this section. In no case, however, shall the amount of child support ordered to be paid exceed the amount of child support that would otherwise be ordered to be paid if the parents did not share physical custody.
(D) In any circumstance in which the obligor's monthly adjusted gross income is less than eight hundred fifty dollars, regardless of the monthly adjusted gross income of the obligee, the obligor shall be ordered to pay fifty dollars per month in child support. The minimum order of fifty dollars shall not apply when each parent keeps the children more than ninety-two overnights each year as defined in subsection (8) of this section. In no case, however, shall the amount of child support ordered to be paid exceed the amount of child support that would otherwise be ordered to be paid if the parents did not share physical custody.
(E) The judge may use discretion to determine child support in circumstances where combined adjusted gross income exceeds the uppermost levels of the guideline; except that the presumptive basic child support obligation shall not be less than it would be based on the highest level of adjusted gross income set forth in the guideline.
(b) Schedule of basic child support obligations:
COMBINED SIX OR
GROSS ONE TWO THREE FOUR FIVE MORE
INCOME CHILD CHILDREN CHILDREN CHILDREN CHILDREN CHILDREN
100 ORDER OF $50 PER MONTH
200
300
400
500
600
700
800
850 184 269 319 352 382 409
900 193 282 334 369 400 428
950 202 294 349 386 418 447
1000 211 307 364 402 436 467
1050 220 320 379 419 455 486
1100 228 333 395 436 473 506
1150 237 346 410 453 491 525
1200 246 359 425 470 509 545
1250 255 372 440 487 528 565
1300 264 385 456 504 546 584
1350 273 397 471 520 564 603
1400 281 410 486 537 582 622
1450 290 422 500 553 599 641
1500 298 435 515 569 617 660
1550 307 447 530 586 635 679
1600 315 460 545 602 652 698
1650 324 472 559 618 670 717
1700 333 485 574 634 688 736
1750 341 497 589 651 705 755
1800 350 510 604 667 723 774
1850 358 522 619 683 741 793
1900 367 535 633 700 759 812
1950 375 547 648 716 776 830
2000 383 558 661 730 792 847
2050 391 570 674 745 807 864
2100 399 581 687 759 823 881
2150 407 592 700 774 839 898
2200 415 604 714 789 855 915
2250 423 615 727 803 871 931
2300 431 626 740 818 886 948
2350 439 638 753 832 902 965
2400 447 649 766 847 918 982
2450 455 660 779 861 934 999
2500 462 672 793 876 949 1016
2550 470 683 806 890 965 1033
2600 479 694 819 905 981 1050
2650 487 706 833 920 997 1067
2700 495 718 846 935 1013 1084
2750 503 729 859 950 1029 1101
2800 511 741 873 964 1045 1119
2850 519 752 886 979 1061 1136
2900 527 763 898 993 1076 1151
2950 533 772 910 1005 1089 1166
3000 540 782 921 1017 1103 1180
3050 547 792 932 1030 1116 1194
3100 554 801 943 1042 1130 1209
3150 560 811 954 1054 1143 1223
3200 567 821 965 1067 1156 1237
3250 574 831 977 1080 1171 1253
3300 581 841 989 1093 1185 1268
3350 589 851 1002 1107 1200 1284
3400 596 862 1014 1120 1214 1299
3450 603 872 1026 1133 1229 1315
3500 610 882 1038 1147 1243 1330
3550 617 892 1050 1160 1258 1346
3600 624 903 1062 1173 1272 1361
3650 631 913 1074 1187 1287 1377
3700 638 923 1086 1200 1301 1392
3750 645 934 1098 1214 1315 1408
3800 652 944 1110 1227 1330 1423
3850 660 954 1122 1240 1344 1439
3900 667 964 1135 1254 1359 1454
3950 673 973 1145 1266 1372 1468
4000 677 980 1153 1274 1381 1478
4050 682 987 1161 1283 1391 1488
4100 686 993 1169 1292 1400 1498
4150 691 1000 1177 1301 1410 1509
4200 695 1006 1185 1310 1420 1519
4250 700 1013 1193 1318 1429 1529
4300 704 1020 1201 1327 1439 1539
4350 708 1026 1209 1336 1448 1550
4400 713 1033 1217 1345 1458 1560
4450 717 1039 1225 1354 1467 1570
4500 722 1046 1233 1362 1477 1580
4550 726 1053 1241 1371 1486 1590
4600 731 1059 1249 1380 1496 1601
4650 735 1066 1257 1389 1505 1611
4700 739 1071 1262 1395 1512 1618
4750 742 1075 1267 1400 1517 1623
4800 745 1079 1271 1405 1523 1629
4850 748 1083 1276 1410 1528 1635
4900 751 1088 1280 1415 1533 1641
4950 755 1092 1285 1420 1539 1647
5000 758 1096 1289 1425 1544 1652
5050 761 1100 1294 1430 1550 1658
5100 764 1105 1298 1435 1555 1664
5150 768 1109 1303 1440 1560 1670
5200 771 1113 1307 1445 1566 1676
5250 774 1117 1312 1450 1571 1681
5300 777 1122 1316 1455 1577 1687
5350 781 1126 1321 1460 1582 1693
5400 784 1130 1326 1465 1588 1699
5450 787 1135 1331 1470 1594 1705
5500 790 1139 1336 1476 1600 1712
5550 792 1143 1341 1482 1606 1718
5600 795 1147 1346 1487 1612 1725
5650 798 1152 1351 1493 1618 1731
5700 801 1156 1356 1498 1624 1738
5750 804 1160 1361 1504 1630 1744
5800 807 1164 1365 1509 1636 1750
5850 809 1168 1370 1514 1641 1756
5900 812 1172 1375 1520 1647 1762
5950 815 1176 1380 1525 1653 1769
6000 818 1180 1385 1530 1659 1775
6050 820 1184 1390 1536 1664 1781
6100 823 1188 1394 1541 1670 1787
6150 826 1193 1400 1547 1677 1794
6200 831 1199 1407 1555 1686 1804
6250 836 1206 1415 1563 1695 1813
6300 840 1212 1422 1572 1704 1823
6350 845 1219 1430 1580 1713 1833
6400 849 1225 1437 1588 1722 1842
6450 854 1232 1445 1597 1731 1852
6500 858 1238 1452 1605 1740 1861
6550 863 1245 1460 1613 1749 1871
6600 868 1251 1467 1621 1758 1881
6650 872 1258 1475 1630 1767 1890
6700 877 1264 1482 1638 1775 1900
6750 882 1271 1491 1647 1785 1910
6800 887 1278 1499 1656 1795 1921
6850 892 1285 1507 1665 1805 1932
6900 897 1293 1515 1675 1815 1942
6950 902 1300 1524 1684 1825 1953
7000 907 1307 1532 1693 1835 1963
7050 912 1314 1540 1702 1845 1974
7100 917 1321 1549 1711 1855 1985
7150 922 1328 1557 1720 1865 1995
7200 927 1336 1565 1729 1875 2006
7250 932 1343 1573 1738 1884 2016
7300 937 1349 1581 1747 1893 2026
7350 942 1356 1588 1755 1902 2036
7400 946 1362 1596 1763 1912 2045
7450 951 1369 1603 1772 1921 2055
7500 955 1375 1611 1780 1930 2065
7550 960 1382 1619 1789 1939 2075
7600 965 1389 1626 1797 1948 2084
7650 969 1395 1634 1805 1957 2094
7700 974 1402 1641 1814 1966 2104
7750 979 1408 1649 1822 1975 2113
7800 983 1415 1657 1830 1984 2123
7850 988 1422 1664 1839 1993 2133
7900 993 1428 1672 1847 2002 2143
7950 997 1435 1679 1856 2011 2152
8000 1002 1441 1687 1864 2021 2162
8050 1006 1448 1694 1872 2030 2172
8100 1011 1454 1702 1881 2039 2181
8150 1016 1461 1710 1889 2048 2191
8200 1020 1468 1717 1898 2057 2201
8250 1025 1474 1725 1906 2066 2211
8300 1030 1481 1732 1914 2075 2220
8350 1034 1487 1740 1923 2084 2230
8400 1039 1494 1748 1931 2093 2240
8450 1043 1501 1755 1939 2102 2250
8500 1048 1507 1763 1948 2111 2259
8550 1053 1514 1770 1956 2121 2269
8600 1057 1520 1778 1965 2130 2279
8650 1062 1527 1785 1973 2139 2288
8700 1066 1533 1793 1981 2148 2298
8750 1070 1539 1800 1989 2157 2308
8800 1075 1546 1808 1998 2166 2317
8850 1079 1552 1815 2006 2175 2327
8900 1083 1558 1823 2014 2184 2336
8950 1088 1565 1830 2023 2193 2346
9000 1092 1571 1838 2031 2202 2356
9050 1096 1577 1845 2039 2211 2365
9100 1101 1583 1853 2048 2220 2375
9150 1105 1590 1860 2056 2228 2384
9200 1110 1596 1868 2064 2237 2394
9250 1114 1602 1875 2072 2246 2404
9300 1118 1609 1883 2081 2255 2413
9350 1123 1615 1890 2089 2264 2423
9400 1127 1621 1898 2097 2273 2433
9450 1131 1628 1905 2106 2282 2442
9500 1136 1634 1913 2114 2291 2452
9550 1140 1640 1920 2122 2300 2461
9600 1144 1647 1928 2130 2309 2471
9650 1149 1653 1935 2139 2318 2481
9700 1153 1659 1943 2147 2327 2490
9750 1157 1666 1950 2155 2336 2500
9800 1162 1672 1958 2164 2345 2510
9850 1166 1678 1965 2172 2354 2519
9900 1170 1685 1973 2180 2363 2529
9950 1175 1691 1981 2188 2372 2538
10000 1179 1697 1988 2197 2381 2548
10050 1183 1703 1995 2204 2389 2557
10100 1187 1709 2002 2212 2398 2565
10150 1191 1715 2008 2219 2406 2574
10200 1195 1720 2015 2227 2414 2583
10250 1199 1726 2022 2234 2422 2592
10300 1203 1732 2029 2242 2430 2601
10350 1207 1738 2036 2250 2439 2609
10400 1211 1744 2043 2257 2447 2618
10450 1215 1749 2050 2265 2455 2627
10500 1219 1755 2056 2272 2463 2636
10550 1223 1761 2063 2280 2471 2644
10600 1227 1767 2070 2288 2480 2653
10650 1231 1773 2077 2295 2488 2662
10700 1235 1778 2084 2303 2496 2671
10750 1239 1784 2091 2310 2504 2680
10800 1243 1790 2098 2318 2513 2688
10850 1247 1796 2104 2325 2521 2697
10900 1251 1802 2111 2333 2529 2706
10950 1255 1808 2118 2341 2537 2715
11000 1259 1813 2125 2348 2545 2724
11050 1263 1819 2132 2356 2554 2732
11100 1267 1825 2139 2363 2562 2741
11150 1271 1831 2146 2371 2570 2750
11200 1275 1837 2152 2378 2578 2759
11250 1279 1842 2159 2386 2586 2768
11300 1283 1848 2166 2394 2595 2776
11350 1287 1854 2173 2401 2603 2785
11400 1291 1860 2180 2409 2611 2794
11450 1295 1866 2187 2417 2619 2803
11500 1299 1871 2194 2424 2628 2812
11550 1303 1877 2201 2432 2636 2821
11600 1307 1883 2208 2440 2644 2830
11650 1311 1889 2215 2447 2653 2838
11700 1315 1895 2222 2455 2661 2847
11750 1319 1900 2229 2463 2669 2856
11800 1322 1906 2235 2470 2678 2865
11850 1326 1912 2242 2478 2686 2874
11900 1330 1918 2249 2486 2694 2883
11950 1334 1923 2256 2493 2703 2892
12000 1338 1929 2263 2501 2711 2901
12050 1342 1935 2270 2508 2719 2909
12100 1346 1940 2276 2515 2726 2917
12150 1349 1945 2283 2522 2734 2925
12200 1353 1951 2289 2529 2742 2934
12250 1357 1956 2295 2536 2749 2942
12300 1360 1961 2302 2543 2757 2950
12350 1364 1967 2308 2551 2765 2958
12400 1367 1972 2315 2558 2772 2966
12450 1371 1977 2321 2565 2780 2975
12500 1375 1983 2327 2572 2788 2983
12550 1378 1988 2334 2579 2795 2991
12600 1382 1993 2340 2586 2803 2999
12650 1386 1998 2347 2593 2811 3007
12700 1389 2004 2353 2600 2818 3016
12750 1393 2009 2359 2607 2826 3024
12800 1397 2014 2366 2614 2834 3032
12850 1400 2020 2373 2622 2842 3041
12900 1405 2026 2380 2630 2851 3050
12950 1409 2032 2387 2638 2859 3059
13000 1413 2038 2394 2646 2868 3069
13050 1417 2044 2402 2654 2877 3078
13100 1421 2050 2409 2662 2885 3087
13150 1425 2056 2416 2670 2894 3096
13200 1429 2062 2423 2678 2902 3106
13250 1433 2068 2430 2685 2911 3115
13300 1437 2074 2437 2693 2920 3124
13350 1441 2080 2445 2701 2928 3133
13400 1445 2086 2452 2709 2937 3142
13450 1449 2092 2459 2717 2945 3152
13500 1453 2098 2466 2725 2954 3161
13550 1457 2104 2473 2733 2963 3170
13600 1461 2110 2481 2741 2971 3179
13650 1465 2116 2488 2749 2980 3189
13700 1469 2122 2495 2757 2989 3198
13750 1473 2128 2502 2765 2997 3207
13800 1477 2134 2509 2773 3006 3216
13850 1481 2140 2517 2781 3014 3225
13900 1485 2146 2524 2789 3023 3235
13950 1489 2152 2531 2797 3032 3244
14000 1493 2158 2538 2805 3040 3253
14050 1497 2164 2545 2813 3049 3262
14100 1501 2170 2553 2821 3058 3272
14150 1505 2176 2560 2829 3066 3281
14200 1509 2181 2567 2836 3075 3290
14250 1514 2187 2574 2844 3083 3299
14300 1518 2193 2581 2852 3092 3308
14350 1522 2199 2589 2860 3101 3318
14400 1526 2205 2596 2868 3109 3327
14450 1530 2211 2603 2876 3118 3336
14500 1534 2217 2610 2884 3126 3345
14550 1538 2223 2617 2892 3135 3354
14600 1542 2229 2624 2900 3144 3364
14650 1546 2235 2632 2908 3152 3373
14700 1550 2241 2639 2916 3161 3382
14750 1554 2247 2646 2924 3170 3391
14800 1558 2253 2653 2932 3178 3401
14850 1562 2259 2660 2940 3187 3410
14900 1566 2265 2668 2948 3195 3419
14950 1570 2271 2675 2956 3204 3428
15000 1574 2277 2682 2964 3213 3437
15050 1578 2283 2689 2972 3221 3447
15100 1582 2289 2696 2980 3230 3456
15150 1586 2295 2704 2987 3238 3465
15200 1590 2301 2711 2995 3247 3474
15250 1594 2307 2718 3003 3256 3484
15300 1598 2313 2725 3011 3264 3493
15350 1602 2319 2732 3019 3273 3502
15400 1606 2325 2740 3027 3282 3511
15450 1610 2330 2746 3034 3289 3519
15500 1613 2334 2750 3039 3294 3525
15550 1615 2338 2755 3044 3300 3531
15600 1618 2342 2759 3049 3305 3537
15650 1621 2346 2764 3054 3311 3542
15700 1624 2350 2768 3059 3316 3548
15750 1626 2353 2773 3064 3322 3554
15800 1629 2357 2778 3069 3327 3560
15850 1632 2361 2782 3074 3332 3566
15900 1634 2365 2787 3079 3338 3572
15950 1637 2369 2791 3084 3343 3577
16000 1640 2373 2796 3089 3349 3583
16050 1643 2377 2800 3094 3354 3589
16100 1645 2381 2805 3099 3360 3595
16150 1648 2385 2809 3104 3365 3601
16200 1651 2389 2814 3109 3371 3607
16250 1654 2392 2818 3114 3376 3612
16300 1656 2396 2823 3119 3381 3618
16350 1659 2400 2828 3124 3387 3624
16400 1662 2404 2832 3129 3392 3630
16450 1665 2408 2837 3134 3398 3636
16500 1667 2412 2841 3140 3403 3641
16550 1670 2416 2846 3145 3409 3647
16600 1673 2420 2850 3150 3414 3653
16650 1675 2424 2855 3155 3420 3659
16700 1678 2428 2859 3160 3425 3665
16750 1681 2431 2864 3165 3430 3671
16800 1684 2435 2868 3170 3436 3676
16850 1686 2439 2873 3175 3441 3682
16900 1689 2443 2878 3180 3447 3688
16950 1692 2447 2882 3185 3452 3694
17000 1695 2451 2887 3190 3458 3700
17050 1697 2455 2891 3195 3463 3706
17100 1700 2459 2896 3200 3469 3711
17150 1703 2463 2900 3205 3474 3717
17200 1705 2467 2905 3210 3479 3723
17250 1708 2471 2909 3215 3485 3729
17300 1711 2474 2914 3220 3490 3735
17350 1714 2478 2918 3225 3496 3740
17400 1716 2482 2923 3230 3501 3746
17450 1719 2486 2928 3235 3507 3752
17500 1722 2490 2932 3240 3512 3758
17550 1725 2494 2937 3245 3518 3764
17600 1727 2498 2941 3250 3523 3770
17650 1730 2502 2946 3255 3528 3775
17700 1733 2506 2950 3260 3534 3781
17750 1736 2510 2955 3265 3539 3787
17800 1738 2513 2959 3270 3545 3793
17850 1741 2517 2964 3275 3550 3799
17900 1744 2521 2968 3280 3556 3805
17950 1746 2525 2973 3285 3561 3810
18000 1749 2529 2978 3290 3567 3816
18050 1752 2533 2982 3295 3572 3822
18100 1755 2537 2987 3300 3577 3828
18150 1757 2541 2991 3305 3583 3834
18200 1760 2545 2996 3310 3588 3839
18250 1763 2549 3000 3315 3594 3845
18300 1766 2552 3005 3320 3599 3851
18350 1768 2556 3009 3325 3605 3857
18400 1771 2560 3014 3330 3610 3863
18450 1774 2564 3018 3335 3616 3869
18500 1776 2568 3023 3340 3621 3874
18550 1779 2572 3027 3345 3626 3880
18600 1782 2576 3032 3350 3632 3886
18650 1785 2580 3037 3355 3637 3892
18700 1787 2584 3041 3360 3643 3898
18750 1790 2588 3046 3365 3648 3904
18800 1793 2592 3050 3370 3654 3909
18850 1796 2595 3055 3376 3659 3915
18900 1798 2599 3059 3381 3664 3921
18950 1801 2603 3064 3386 3670 3927
19000 1804 2607 3068 3391 3675 3933
19050 1807 2611 3073 3396 3681 3938
19100 1809 2615 3077 3401 3686 3944
19150 1812 2619 3082 3406 3692 3950
19200 1815 2623 3087 3411 3697 3956
19250 1817 2627 3091 3416 3703 3962
19300 1820 2631 3096 3421 3708 3968
19350 1823 2634 3100 3426 3713 3973
19400 1826 2638 3105 3431 3719 3979
19450 1828 2642 3109 3436 3724 3985
19500 1831 2646 3114 3441 3730 3991
19550 1834 2650 3118 3446 3735 3997
19600 1837 2654 3123 3451 3741 4003
19650 1839 2658 3127 3456 3746 4008
19700 1842 2662 3132 3461 3752 4014
19750 1845 2666 3137 3466 3757 4020
19800 1847 2670 3141 3471 3762 4026
19850 1850 2674 3146 3476 3768 4032
19900 1853 2677 3150 3481 3773 4037
19950 1856 2681 3155 3486 3779 4043
20000 1858 2685 3159 3491 3784 4049
(c) Basic child support obligation. Because shared physical care presumes that certain basic expenses for the children will be duplicated, an adjustment for shared physical care is made by multiplying the basic child support obligation by one and fifty one-hundredths (1.50).
(11) Child care costs. (a) Net child care costs incurred on behalf of the children due to employment or job search or the education of either parent shall be added to the basic obligation and shall be divided between the parents in proportion to their adjusted gross incomes.
(b) Child care costs shall not exceed the level required to provide quality care from a licensed source for the children. The value of the federal income tax credit for child care shall be subtracted from actual costs to arrive at a figure for net child care costs.
(12) (Deleted)
(13) Extraordinary adjustments to schedule. (a) By agreement of the parties or by order of court, the following reasonable and necessary expenses incurred on behalf of the child shall be divided between the parents in proportion to their adjusted gross income:
(I) Any expenses for attending any special or private elementary or secondary schools to meet the particular educational needs of the child;
(II) Any expenses for transportation of the child, or the child and an accompanying parent if the child is less than twelve years of age, between the homes of the parents.
(III) (Deleted)
(b) Any additional factors that actually diminish the basic needs of the child may be considered for deductions from the basic child support obligation.
(13.5) (a) Health care expenditures for children. In orders issued pursuant to this section, the court shall also provide for the child's or children's current and future medical needs by ordering either parent or both parents to initiate medical or medical and dental insurance coverage for the child or children through currently effective medical or medical and dental insurance policies held by the parent or parents, purchase medical or medical and dental insurance for the child or children, or provide the child or children with current and future medical needs through some other manner. At the same time, the court shall order payment of medical insurance or medical and dental insurance deductibles and copayments.
(b) Health insurance premiums. The payment of a premium to provide health insurance coverage on behalf of the children subject to the order shall be added to the basic child support obligation and shall be divided between the parents in proportion to their adjusted gross income.
(c) The amount to be added to the basic child support obligation shall be the actual amount of the total insurance premium that is attributable to the child who is the subject of the order. If this amount is not available or cannot be verified, the total cost of the premium should be divided by the total number of persons covered by the policy. The cost per person derived from this calculation shall be multiplied by the number of children who are the subject of the order and who are covered under the policy. This amount shall be added to the basic child support obligation and shall be divided between the parents in proportion to their adjusted gross incomes.
(d) After the total child support obligation is calculated and divided between the parents in proportion to their adjusted gross incomes, the amount calculated in paragraph (c) of this subsection (13.5) shall be deducted from the obligor's share of the total child support obligation if the obligor is actually paying the premium. If the obligee is actually paying the premium, no further adjustment is necessary.
(e) Prior to allowing the health insurance adjustment, the parent requesting the adjustment must submit proof that the child or children have been enrolled in a health insurance plan and must submit proof of the cost of the premium. The court shall require the parent receiving the adjustment to submit annually proof of continued coverage of the child or children to the delegate child support enforcement unit and to the other parent.
(f) Child residing in area not covered by health insurance policy. If a parent who is ordered by the court to provide medical or medical and dental insurance for the child or children has insurance that excludes coverage of the child or children because such child or children reside outside the geographic area covered by the insurance policy, the court shall order separate coverage for the child or children if the court determines coverage is available at a reasonable cost.
(g) Coverage for child's health insurance is an excessive amount of the order. Where the application of the premium payment on the child support guidelines results in a child support order of fifty dollars or less or the premium payment is twenty percent or more of the parent's gross income, the court or delegate child support enforcement unit may elect not to require the parent to include the child or children on an existing policy or to purchase insurance. The parent shall, however, be required to provide insurance when it does become available at a reasonable cost.
(h) Extraordinary medical expenses. (I) Any extraordinary medical expenses incurred on behalf of the children shall be added to the basic child support obligation and shall be divided between the parents in proportion to their adjusted gross incomes.
(II) Extraordinary medical expenses are uninsured expenses, including copayments and deductible amounts, in excess of two hundred fifty dollars per child per calendar year. Extraordinary medical expenses shall include, but need not be limited to, such reasonable costs as are reasonably necessary for orthodontia, dental treatment, asthma treatments, physical therapy, vision care, and any uninsured chronic health problem. At the discretion of the court, professional counseling or psychiatric therapy for diagnosed mental disorders may also be considered as an extraordinary medical expense.
(14) Computation of child support. (a) Except in cases of shared physical care or split physical care as defined in subsections (8) and (9) of this section, a total child support obligation is determined by adding each parent's respective obligations for the basic child support obligation, work-related net child care costs, extraordinary medical expenses, and extraordinary adjustments to the schedule. The parent receiving a child support payment shall be presumed to spend his or her total child support obligation directly on the children. The parent paying child support to the other parent shall owe his or her total child support obligation as child support to the other parent minus any ordered payments included in the calculations made directly on behalf of the children for work-related net child care costs, extraordinary medical expenses, or extraordinary adjustments to the schedule.
(b) In cases of shared physical care, each parent's adjusted basic child support obligation obtained by application of paragraph (c) of subsection (10) of this section shall first be divided between the parents in proportion to their respective adjusted gross incomes. Each parent's share of the adjusted basic child support obligation shall then be multiplied by the percentage of time t