It’s a common belief among Colorado parents that if they share parenting time equally, child support won’t be part of the equation. On the surface, this assumption seems reasonable. After all, if each parent spends an equal number of overnights with the child, why would one owe the other support?
But in reality, child support is about more than just time—it’s about money, resources, and the child’s right to benefit from both parents’ financial capabilities. Colorado law uses a detailed formula that factors in both time and income. So even with a 50/50 schedule, a child support order can still be issued, and often is.
How Colorado’s Child Support Formula Works
Colorado follows the Income Shares Model to determine child support. This model assumes that a child should receive the same proportion of parental income as if the parents were still living together. The state has a statutory guideline that takes into account:
- Each parent’s gross monthly income
- The number of overnights each parent has with the child annually
- Health insurance premiums paid for the child
- Work-related childcare costs
- Extraordinary medical or educational expenses
Once these figures are entered, a calculator determines the support obligation. From there, the court allocates each parent’s share and determines whether a payment is necessary. This means that even if parenting time is equally split, a parent earning significantly more may still be required to pay support to equalize the financial environment between households.
Income Disparity Plays a Major Role
Equal parenting time doesn’t automatically lead to equal financial circumstances. A key reason why child support may still be ordered is **income disparity**—a common dynamic in co-parenting situations. Let’s consider a simple example. Parent A earns $90,000 per year, while Parent B earns $40,000. Both parents have the child for 182.5 overnights per year. Despite sharing physical time equally, Parent A may be ordered to pay support to Parent B because their child is entitled to the same financial resources at both homes. Without support, the child might experience stark differences in quality of life between households. This goes against the core intent of Colorado’s child support laws, which is to foster stability, continuity, and fairness for the child—not to punish either parent.
When Equal Parenting Time Results in No Support
There are certainly situations where no child support is ordered in a 50/50 arrangement. Typically, this happens when:
- Both parents earn similar incomes
- There are no extraordinary medical or childcare expenses
- Parents equally split costs such as insurance, school fees, and extracurriculars
In these cases, the court may determine that a child support order is unnecessary. However, this isn’t automatic. The calculation must still be run, and the court must agree that waiving support won’t negatively impact the child’s well-being. Some parents draft mutual agreements to handle shared expenses directly instead of going through formal child support channels. While that’s permitted, the agreement must be in writing, approved by the court, and clearly outline how all costs will be covered.
Agreements to Waive Child Support: Are They Enforceable?
Colorado allows parents to deviate from the standard child support calculation, but only under certain conditions. The key requirement is that the deviation serves the child’s best interests. To approve a deviation, the court will typically look at:
- Whether the child’s financial needs will still be fully met
- Whether the agreement is fair and voluntary
- Whether either parent will be unfairly burdened
Even if both parties agree to waive child support, a judge may deny the request if it appears that the child would lack access to essential resources as a result. In other words, the needs of the child take precedence over the preferences of the parents.
What About Other Costs Like Sports, Camps, or Tutoring?
Many families discover that equal time doesn’t always mean equal spending. Children’s lives are expensive—especially as they grow. While the basic child support calculation includes day-to-day expenses like food, housing, and clothing, it doesn’t always account for:
- Summer camps
- Travel sports teams
- Private tutoring or therapy
- Out-of-pocket healthcare costs
These “extraordinary expenses” can be split between parents, assigned to one party, or managed through an informal agreement. However, any such arrangement should be clearly stated in the parenting plan or court order to reduce disputes. If one parent consistently shoulders these costs without reimbursement, they may request a formal modification to the support order down the line.
Can Support Be Adjusted Over Time?
Yes. Child support is not set in stone. As children grow and parental circumstances evolve, support orders often need to be updated. Either parent can request a modification if there has been a “substantial and continuing” change in financial circumstances. Examples include:
- Job loss or promotion
- Significant changes in income
- A new parenting time schedule
- Increased medical or educational expenses
Colorado law requires that any proposed change would result in at least a 10% difference in the support amount to justify a formal modification. This threshold helps prevent minor, repetitive changes that could overload the court system. If you believe your current order no longer reflects your family’s needs, it’s wise to consult with a family law attorney to explore your options and gather the right documentation before making a formal request.
Call Littman Family Law for Questions About Child Support in Denver
In many ways, Colorado’s child support laws reflect a balancing act. They attempt to respect both parents’ contributions of time while ensuring that financial responsibilities are fairly divided. Equal parenting time is a significant factor—but not the only one. Ultimately, the goal is to promote a consistent, stable lifestyle for the child. When parents cooperate and prioritize the child’s needs, solutions can be reached that serve everyone involved.
If you’re creating or reviewing a shared parenting plan and need guidance on how child support may apply, visit our Child Support page to learn more about how we assist Colorado families in reaching fair and sustainable outcomes.
To discuss your parenting time, income circumstances, or to explore a support modification, contact us at Littman Family Law. We’ll provide clear, strategic advice to help you move forward with confidence and protect your child’s financial future.
