Colorado Springs, CO asked in Child Support for Colorado

Q: In colorado why is there still child support in a 50/50 child custody situation?

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1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: First, most custody agreements are not usually exactly 50-50% with the parents having the same income. Second, a joint custody agreement is included in the child support calculation. This occurs via offsetting of support costs found in the Support form (at the end). Finally, the support calculation is based on the child's support as if the parents were still married (at least in concept), that is a higher income parent does not get a discount just because the child is with the lower income parent.

It is possible to have not support if: (1) both parents earn exactly the same income and (2) both parents share the child for exactly 50% of the year (how this can happen in non-leap years is an interesting thought...)

There are other reasons and if you really want to see what the CO Legislature was thinking you can review the legislative notes attached to the support statute.

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