Big changes are coming to Colorado’s child support laws in C.R.S. Section 14-10-115 starting on March 1, 2026. Some of the changes could trigger a need to consider filing a motion to modify child support under C.R.S. Section 14-10-122. This article summarizes some of the upcoming changes to the child support laws.
92 Overnights Will No Longer Be a Magic Number
Current Colorado child support guidelines provide that when a parent has 92 or less overnights per year, there’s no credit in the child support formula for the overnights. Starting on March 1, 2026, every single overnight a parent spends with a child will reduce the amount of child support that parent is required to pay to the other parent.
Changes to the Uppermost Limit of the Child Support Guidelines Combined Monthly Gross Income Calculation
Current Colorado child support guidelines provide that the formula for calculating monthly child support applies if the parties’ combined monthly gross incomes are $30,000 or less. Under the new law, the guidelines will be used for calculating monthly child support if the parties’ combined monthly gross incomes are $40,000 or less.
Changes to the Monthly Amount of Child Support Payments
There’s a new formula going into effect on March 1, 2026 which can result in a parent’s child support obligation being modified up or down, when combined with the overnight allocation. Here are some examples:
Example 1: Dad has 56 overnights annually with the parents’ two children. Dad earns $120,000 per year and Mom earns $60,000 per year. The current guidelines provide for Dad to pay child support to Mom in the amount of $1,596.75 per month. Under the new law, Dad would pay Mom $1,578.98 per month. But in order to modify an existing child support order, the change in child support usually needs to be at least a 10% change.
Example 2: Dad has equal overnights annually with the parents’ two children. Dad earns $120,000 per year and Mom earns $60,000 per year. The current guidelines provide for Dad to pay child support to Mom in the amount of $598.87 per month. Under the new law, Dad would pay Mom $432.92 per month.
Example 3: Dad has 156 overnights annually with the parents’ two children. Dad earns $120,000 per year and Mom earns $60,000 per year. The current guidelines provide for Dad to pay child support to Mom in the amount of $859.69 per month. Under the new law, Dad would pay Mom $772.35 per month.
Example 4: Mom has 104 overnights annually with the parents’ two children. Dad earns $120,000 per year and Mom earns $60,000 per year. The current guidelines provide for Mom to pay child support to Dad in the amount of $173.77 per month. Under the new law, Mom would pay Dad $436.03 per month.
Changes to Split Physical Care Calculations
Under the new law effective March 1st, if Parent A has one child more than 50% of the time and Parent B has another child more than 50% of the time, a child support obligation shall be computed separately for each parent based upon the number of children living with the other parent. The amount determined shall be a theoretical support obligation due each parent for support of the child or children for whom he or she has primary physical custody. The obligations so determined shall then be offset, with the parent owing the larger amount owing the difference between the two amounts as a child support order.
What to Do Next
Schedule an appointment with a Frascona, Joiner, Goodman and Greenstein, P.C. family law attorney to review your current financial and child support situation, to determine if filing a motion to modify child support will be beneficial for you.
