Q: How is the dollar figure decided for child support ?
What would be taken into consideration to increase child support? I have one child that suffers from mental illness.This was not figured out until a few years after divorce was final. Is this something that would increase child support?
A: Support is calculated by statute. If you look at the child support JDF 1822 form on the Colorado Judiciary webpage you can do your own calculation. The calculation is primarily based on the ability of one or both of the parents to pay support and the number of children. Additional financial needs of a child(ren) can be considered by a judge, but must be proven by the moving party. That is, if a parent wants support greater (or lesser) then the statutory calculation they must present evidence to the family court judge to justify the deviation from the statutory calculations.
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A: The basic figures going into a child support calculation are the incomes of the parties, number of children, parenting time, health insurance, and child care costs. A child having mental illness, per se, would not be a basis to increase child support. However, if circumstances have changes, such as you are unable to work to care for the child, that could be a factor. Though not child support, per se, if there are health, counseling, or medication costs which are regular and recurring you might be able to get those built into a child support calculation. If not regular and recurring, the other side should still be one the hook in terms of paying his/her income proportionate share of those expenses, presuming you have orders in place regarding such.
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