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Child support

unemployment/underemployment

A court may order a parent to pay more child support than the parent's income would ordinarily require (under the child support guidelines in the statute) if the parent could earn more money, but has purposely chosen not to. If the actual income of the parent is significantly less than what the parent could earn because of intentional unemployment or underemployment, the court may apply the child support guidelines to the earning potential of the parent.

In Colorado, the court has the authority to order a parent to pay child support that exceeds the amount suggested by the state's child support guidelines if it is determined that the parent is intentionally unemployed or underemployed. This means that if a parent is capable of earning more but chooses not to, perhaps to avoid higher child support payments, the court can calculate child support based on what the parent should be able to earn, rather than their actual income. This concept is known as 'imputing income' and is designed to ensure that child support determinations are fair and reflect a parent's potential to contribute to the financial needs of their child. The court will consider various factors, such as employment history, education, and the job market, to estimate the earning potential of the parent.

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Child support

unemployment/underemployment

Individual & Family Legal Plan

Articles

Colorado State Code

Colorado State Code

Child support

unemployment/underemployment

Articles