Sunday, July 30, 2017

Calculation of Child Support Payments

What is a guidelines worksheet? A guideline worksheet is a form that is used to calculate the amount of child support that is owed. In Colorado there are two guidelines worksheets. One is used in cases where parents spend more than 92 nights with the child. This is known as "Worksheet B: Shared Physical Care." The second worksheet is used in cases where one parent spends less than 92 nights with their children. This is called "Worksheet A: Individual Physical Care."

Calculation of Child Support Payments

Calculation of Child Support Payments

I pay the child's day care and buy all his clothes. Does this count as child support?

The guidelines contain a basic child support program that includes the typical expenses of children, such as food, clothing, shelter, and services. The actual cost of daily childcare related to work and education paid by either parent is added to the basic child support obligation when determining the amount of the child support order. The extra money paid by the parent who does not have custody for the child and who has not been ordered by a court is generally considered a gift.

What expenses are taken into account and what documentation do I have to provide regarding these expenses?

If you are paying other child support orders or maintenance / support / support for your spouse, this can be deducted from your gross income. If you have older children of other relationships who live in your home, you can receive credit in the calculation of child support. If you are paying for an orderly expense for postsecondary education, this amount can also be deducted from your income.

The costs of daily childcare related to education and work, medical insurance, some uninsured medical expenses and transportation of the child to spend time with the parents may be included to determine the amount of child support that is owed.

The father and mother must present proof of payment of any expenses that they make to be deducted from their income or added to the obligation of child support.

We share custody, does that affect the amount I have to pay?
If the noncustodial parent has the child in their home for more than 92 nights a year, credit can be given in the calculation of the guidelines. This is known as "Shared Physical Care." "Worksheet B: Shared Physical Care" is used to calculate the amount of child support you owe.

If the physical care of the children is divided between the parts, this is called "Divided physical care". For example, there are three children and two live mainly with the mother and one mainly with the father. For divided physical care situations separate worksheets are prepared to determine the amount of child support each of the parents owes to the other for the children they are primarily in their care. Then the minor sum of the largest sum is subtracted to determine the child support order. In this example, if it is determined that the father owes the mother $ 300 dollars for the two children who live with her and the mother owes the father $ 150 for the child who lives mainly with him, the father will pay the mother $ 150 .

Are other accounts, such as rent and car payment, taken into account in calculating the amount of support?

Parental expenses, such as car payments, which are not related to child support, are not taken into account. The guidelines do take into account children's housing, food, utilities, clothing, and other basic expenses.

What can I use to verify my income? What happens to parents who are self-employed?

Generally, you must complete some forms that provide your income and expenses to the court or the Child Support Enforcement Unit (CSE). You are required to attach the most recent three pay stubs and the three most recent tax returns. If you have not filed the tax returns, you can file the W-2 forms and the 1099 forms. If you are self-employed, you must file your business tax returns for three to five years, as well as an affidavit of gross income and Commercial expenses Sometimes the local CSE unit needs additional information to determine your child support income, such as bank business records and profit and loss statements.

 What happens if one of the parties has no income?

If a party is not employed at its full capacity, income can be determined on the basis of its ability to generate income. Generally, no income is assigned to a parent in the following situations:
  •         The parent is physically or mentally disabled.
  •         The children of one of the parties are under 30 months of age and one of the parents takes care of the child instead of working.
  •         The parent is being trained or is studying, which will give you the possibility of having a better paid job in the future.

If I have children of another relationship living in my home for whom I am responsible, do I get "credit" for them in determining the amount of child support?

If the children of another relationship are older than the children for whom child support is being determined, you will receive credit on the child support worksheet.

Does extra time count as part of my income?

Generally, overtime is not counted as part of your child support income, unless your employer requires it.

Does this order allow me to have a visitation regime with my child?

The local Child Support Enforcement unit can not help establish the visitation regime, also known as parent time. However, you can ask for a court hearing to be given time to spend with your children. You can hire a private attorney to help you.

If I am getting disability insurance, does that count as income for child support purposes?

If you receive disability money based on your previous employment, it is considered income for child support purposes. For example, you worked for a government agency for 20 years before becoming disabled and now the agency pays you disability insurance.

If the money you receive for your disability is considered (based on income) as a proven public assistance, then it is not considered as income for child support. An example is the Supplemental Security Income (SSI) that is received from the Social Security Administration. Note: Social Security disability income is considered as income because it is based on a person's employment before becoming disabled.

Sekar Ayunda

Author & Editor

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