2025 Colorado Child Support Law Changes: What Parents Need to Know

In 2025, Colorado enacted some of the most significant changes to its child support laws in more than a decade. These updates affect how parenting time is credited and how child support is calculated, how medical expenses are shared, and how tax benefits are allocated. Below, Alexia Harvey, LLP at AWH Family Law provides a brief overview of what has changed, what it means for Colorado parents, and how these updates may affect your case.

If you are going through a divorce, separation, allocation of parental responsibilities or post-decree modification, understanding these changes is essential – having a team who knows them well is even more critical.

Why Colorado Updated its Child Support Laws in 2025

In May 2025, Jared Polis signed House Bill 25-1159 into law, updating C.R.S. § 14-10-115 and related statutes.

These reforms were designed to:

• Promote fairness between parents

• Better reflect real-world parenting schedules

• Reduce outdated formulas

• Improve consistency across family law statutes

While the intent is positive, the new rules are more detailed and, in some cases, more complex.

Parenting Time and Child Support: No More 93-Overnight Rule

How Parenting Time Affected Support Before 2025

Under the prior law, there were two different worksheets used for calculating child support, a Worksheet A (92 overnights or less) or a Worksheet B (93 overnights or more). Under the Worksheet A there was no credit given to the non-custodial parent for any parenting time they had – meaning whether a parent had no overnight parenting time or 92 overnights the child support obligation was the same. Under a Worksheet B the child support calculation was adjusted incrementally as the parents moved closer to an equal sharing of overnight parenting time. The result of these two worksheets functionally meant that there was a significant ‘cliff’ effect for financial support/obligation and often led to conflict over hitting an arbitrary number.

The New Graduated Parenting Time Credit

Colorado now uses a new parenting time credit system that provides credit based on actual overnights from the very first overnight. This gives weight to the reality that even parents who have little overnight parenting time must clothe, feed and house their child(ren) during their parenting time. This approach better reflects the real costs of parenting and reduces pressure to litigate over rigid thresholds.

How This May Affect Your Case

These updates are not just technical - they can directly impact the amount of child support paid. The removal of the 93-overnight threshold fundamentally changes how support is calculated. Even limited parenting time now results in some credit, which may reduce a paying parent’s obligation and/or increase fairness in certain schedules.

By eliminating that threshold, the law removes a major pressure point in negotiations. Parents are better positioned to focus on creating parenting plans that are workable, consistent, and centered on their child - without the same financial incentive driving the outcome.

Higher Income Families: Standard Guidelines Now Apply Up to $40,000 Per Month

The child support guidelines previously capped at $30,000 in combined monthly income leaving extrapolation above that guideline up to the Court’s discretion for families with combined monthly income over that threshold; now that cap has increased to $40,000.

As a result:

• More families fall within standardized calculations

• Fewer cases rely solely on judicial discretion

For higher-income families that have a combined monthly income of over $40,000, child support remains a more nuanced analysis. In these instances, the court retains discretion to determine an appropriate child support amount that is in the best interest of the child(ren) and may consider a broader range of factors when determining support. This can include extrapolating the guidelines, evaluating the child(ren)’s actual needs, and assessing the overall financial circumstances of the parties.

Maintenance and Income Imputation Are Now Consistent

The Previous Inconsistency

Before 2025, courts imputed income for child support only after a child turned (2) two and only after that child was 30 months for spousal maintenance. This created confusing and inconsistent outcomes.

The New Unified Rule

The law now aligns child support and maintenance by applying the same standard: if a parent is caring for a joint child under 24 months, income will not be imputed to that parent for purposes of calculating either child support or maintenance.

Changes to Extraordinary Medical Expenses

Another substantive change occurred with how parents presumptively share extraordinary medical expenses under the statute. Previously, parents only shared medical expenses after reaching an individual threshold of $250/annually per child before submitting for reimbursement from the other parent. That rule is now gone and qualifying medical expenses are allocated between parents from the first dollar. While this simplifies accounting it will create more frequent reimbursement coordination.

Additionally with this revision the law was changed to be clearer and more expansive as to exactly what constitutes an extraordinary medical expense. Though it remains important to understand that routine items such as bandages and over-the-counter medicine are generally not reimbursable unless prescribed for chronic conditions.

Expanded Definition of Covered Medical Costs

The statute now clearly includes:

• Copays and deductibles

• Prescription medications

• Orthodontic and dental care

• Vision services

• Physical therapy

• Mental health counseling

• Disability-related care

• Necessary medical equipment

New Rules for Child Tax Credits and Dependency Claims

From Income-Based to Discretion-Based Allocation

Under prior law, tax benefits were usually divided based on each parent’s income because that is what contributed to the financial support related to raising the child. The new statute gives Colorado Judicial officers more flexibility to make a determination as to what they believe is appropriate for child tax credits.

Courts now consider:

• Each parent’s financial resources

• Tax benefits to each party

• Health insurance subsidies

• Compliance with child support

  
  

What This Means for Parents

The shift to a discretionary approach for tax benefits introduces more flexibility, but also more uncertainty. Unlike the prior formula, outcomes will depend heavily on the specific financial circumstances of each parent and the arguments presented to the court.

Strategic legal guidance is especially important in higher-income or complex financial cases.

When Do the New Colorado Child Support Laws Apply?

While the official change in the child support calculation went into effect on March 1, 2026 it does not automatically modify prior orders regarding child support. Any changes must still meet the threshold requirements of C.R.S. 14-10-122 using the new calculation. Meaning that even with this change any parent requesting a modification of child support will still need to be able to demonstrate a substantial and continuing change that results in at least a 10% change in the child support obligation.

How AWH Family Law Helps Colorado Parents Navigate These Changes

At AWH Family Law, we understand that child support is not just about numbers; it is about stability, security, and your child’s future.

Our approach is rooted in:

• Clear legal guidance

• Strategic advocacy

• Compassionate support

• Practical problem-solving

Whether you are establishing support or seeking a modification, our team is here to help you navigate the process with confidence and clarity.

If you have questions about how the child support changes affect your case, we are here to help.

📞 Contact AWH Family Law today to schedule a confidential consultation and learn how we can support you and your family through this transition. You can email us at info@awhfamilylaw.com or by calling (720) 598-0957.

This blog is for informational purposes only and does not constitute legal advice.