child support considerations for children born of prior/subsequent relationships


As a Denver divorce lawyer, I am often called upon to help mothers or fathers calculate a fair monthly child support obligation, even if the parties have other children born outside of the given relationship at issue.  In other words, how to properly apply credits where the parent who is a party in the given support case has an ongoing support obligation for children procreated with a different significant other or spouse.  And for this consideration, it doesn’t matter if the child from the “outside” relationship was born either before or after the children at issue in the given child support case.
It is important to know that for children born outside of the relationship at issue, but who DO live in the custodial party’s home, there is a deduction of 75% of the basic child support amount that would apply for the number of children, based on consideration of the gross income of the party.
Per C.R.S. 14-10-115(6)(a)(II), if the child does NOT live in the party’s home, then the statute provides that for each such child, the amount deductible from gross income for child support purposes is the lesser of:  (1) either the table amount for child support for one child, using only the gross income of the custodial party; or (2) The amount actually paid for support for that child.
This may sound a bit confusing, so I invite parents going through this type of scenario to call with any specific questions.
Eduardo Ferszt,  family law attorney Aurora, CO


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