Beyond the Basics: Understanding Above-Guideline Child Support in High-Income Cases | Episode 18 Artwork

Divorce at Altitude: A Podcast on Colorado Family Law

Award-winning Colorado divorce attorneys, Ryan Kalamaya and Amy Goscha, provide an approachable, insider view to divorce, parenting, relationships, and breakups. Episodes will include conversations with experts such as custody evaluators, CPAs, mediators, and family law judges. Listeners can expect to receive tips, tactics, and a frank conversation about some of life's toughest topics. Many people think that divorce is like climbing a mountain. Ryan and Amy have guided countless clients to the summit, and they share their weekly thoughts on divorce at altitude.

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Divorce at Altitude: A Podcast on Colorado Family Law

Beyond the Basics: Understanding Above-Guideline Child Support in High-Income Cases | Episode 18

November 04, 2024 • Caitlin Geary

Podcast Description:

In this "how-to" episode, Ryan dives into high-income scenarios and how they impact child support in Colorado. Using the case of hypothetical clients, Eric and Melanie Wolf, Ryan breaks down what happens when combined incomes exceed $30,000 per month, the legal floor for child support. Drawing on the Colorado Supreme Court case of In re Marriage of Boettcher, Ryan explains how courts determine child support in high-income cases, focusing on lifestyle disparities between parents and the needs of the children.

Episode Highlights:
- Income & Child Support: How high incomes, such as Eric’s million-dollar salary, affect child support calculations.
- The Boettcher Case: Insights from the In re Marriage of Boettcher decision, establishing that the $30,000 monthly income guideline is a floor, not a cap, for child support.
- Lifestyle Considerations: The court's role in ensuring children maintain a similar lifestyle with both parents, including covering expenses like private school, vacations, and extracurricular activities.
- Disparity in Incomes: How income disparity between parents influences child support, and what courts consider when determining fair support in above-guideline situations.

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What is Divorce at Altitude?

Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado.

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DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

Ryan Kalamaya: 0:01

Welcome to Divorce At Altittude, a podcast on Colorado family law. I'm Ryan Kalamaya. Each week, along with my business partner and co-host, Amy Goscha, or an expert, we discuss a particular topic related to Divorce or co-parenting in Colorado. In addition, we have created a short series of lessons that will take you through the legal process of Divorce and answer your questions from simple to complex. Divorce isn't easy. The end of a marriage, especially when children are involved, brings a great deal of loss and change. We hope these practical tips and insights will help you on your journey to a new. And better life. This is a how to episode on above the guideline income scenarios in the context of determining child support for a Colorado divorce. Now, you've heard me state in other how to episodes that child support is primarily based on the income of the parties, as well as the amount of parenting time shared by the parents. So if we take our hypothetical divorce clients, Eric and Melanie Wolf, the amount that Eric makes compared to Melanie is put into a formula and that is run through what is called the child support worksheet. Now, that child support worksheet under 1410. 115 goes up to 30, 000 per month in combined income. If Eric and Melanie make 300, 000 between them, then they are on the right track. The worksheet, but 30, 000 per month is 360, 000 per year. And what happens if Eric makes a million dollars a year and Melanie makes a zero? What is the amount of child support and how do we use child, the child support worksheet in that scenario? That was the issue presented. In the case of Injury, Marriage, and Betcher, it was a Colorado Supreme Court case in 2019, and the issue before the court was the 30, 000 a month there's a particular amount that that is stated for child support. Is that the amount that is presumed to be the case, or is that just the floor for the amount, the monthly amount? Can it be? Higher. The Betcher Court determined that the latter was the case. In the scenario of above the guideline amount, the floor is the amount determined at 30, 000 per month. It can be more than that, according to Betcher. How does the court analyze child support in above the guideline scenarios for determining child support? The purpose of child support is to ensure that the children's needs are met. And Colorado, like other states, has established a presumptive support amount based on income, number of children and parenting time. So in the scenario where there is a high income and it really is going to primarily matter on the disparity between the incomes between Eric and Melanie. And so there's a significant difference if Eric is the primary breadwinner and he makes like I said, a million dollars and Melanie doesn't versus both Eric and Melanie are doctors. They both make 500, 000. They're above the guidelines, certainly, but they are able to provide for the children's needs and really the core is not going to be. As concerned about Eric or Melanie having an advantage based on that disparity of income. And so the court's certainly going to take into consideration the costs of the children. So there could be extraordinary expenses. And I recorded another how to episode talking about private school or ski racing or other extracurricular activities. And who pays what that's going to certainly be a factor, but really the key component in determining above the guidelines scenarios is going to be that disparity. So if Eric makes a million dollars, the court is going to be concerned that Eric can provide for the children and they might be. More inclined to spend time with him because he can take them on lavish vacations. He can buy them gifts. He has a nicer house because of his higher income. And really that the court's going to try to figure out what is the amount that is necessary for. Melanie to maintain a similar lifestyle for specifically for the children. So that amount could be 5, 000, it could be 10, 000. Indeed, I have had cases in which child support was 20, 000 a month. And is it directly tied to, are we getting into the Child Support Commission on, how much a child costs? In essence, yes. It's just on a much higher level. That house is going to be significantly higher. The travel is going to be business or first class. And Eric is going to most likely dispute whether or not he should be paying Melanie to sit in first class with the children on their European vacations. But really, the court is going to be looking at, is there an advantage and what can be done and who's going to pay what. So if Eric is paying directly for that private school, if he is paying for the equestrian lessons and activities for their child Eve, that's going to factor in to the amount of child support that he pays to Melanie. These cases can be hotly contested, but the key component or the key takeaway from this case is that 30, 000 a month, anything above that, there's going to be a presumptive floor for child support, but it can be significantly higher. And it's going to be based on the lifestyle of the children and the disparity between them. Hopefully that explains the general concepts, but these cases can be very fact specific and some of the numbers can really matter. If in those circumstances really parties should consult with an attorney, but hopefully listeners gain a general understanding of these concepts that is based primarily on that intermarriage abettor case that I referenced at the outset. Thank you. Thanks for listening or watching this short lesson on the Divorce Ude podcast. If you found this helpful, please leave a review or share with a friend. It does help for others that are going through or thinking about a Divorce in Colorado. If you want to find out more information, Please visit Kalamaya Law or Divorce at Altittude dot com and that's K A L A M A Y A law. Remember, this is educational information, it's not intended to be legal advice. Please consult with an attorney about the particulars of your case. We're happy to answer questions. Feel free to give us a call at(970) 315-2365.