Colorado Eliminates 92-Overnight Custody Threshold in Revolutionary Child Support Reform
Effective March 1, 2026, Colorado eliminated its controversial 92-overnight threshold, making every single overnight with a child count toward reducing child support obligations under revised Colorado Revised Statutes § 14-10-115. The state simultaneously raised the combined adjusted gross income cap from $30,000 to $40,000 monthly and eliminated the distinction between Worksheet A (primary custody) and Worksheet B (shared custody), creating a single unified calculation that will increase support awards in most cases while providing credit for every overnight, not just those exceeding 92 nights annually.
Key Facts: Colorado Child Support Changes
| What Happened | Colorado eliminated the 92-overnight threshold and unified child support worksheets |
|---|---|
| Effective Date | March 1, 2026 |
| Key Changes | Every overnight now counts; income cap raised to $40,000/month; Worksheets A/B merged |
| Affected Statute | C.R.S. § 14-10-115 (Child Support Guidelines) |
| Impact | Higher base support awards but credit for all overnights; affects ~50,000 cases annually |
| Source | Family Law Software analysis (March 2026) |
Why This Matters Legally
This represents the most significant overhaul of Colorado's child support system in 15 years and fundamentally changes how courts calculate financial obligations for divorced and separated parents. Under the previous system governed by C.R.S. § 14-10-115, parents needed to exercise at least 92 overnights annually (approximately 25% parenting time) before receiving any reduction in their child support obligation through Worksheet B. This created perverse incentives where parents fought for that 92nd overnight solely for financial reasons, not because it served the child's best interests.
The elimination of this threshold means a parent with 50 overnights annually (approximately 14% parenting time) will now receive proportional credit toward their support obligation, whereas under the old system they would have paid the full Worksheet A amount. Colorado joins states like Massachusetts and Wisconsin in recognizing that every overnight involves real costs—meals, utilities, clothing, transportation—that should be reflected in support calculations.
The increase in the combined adjusted gross income cap from $30,000 to $40,000 monthly ($360,000 to $480,000 annually) means the statutory guidelines now apply to significantly more high-earning families. Previously, families earning above $30,000 combined monthly fell into "extraordinary income" territory where judges had broad discretion under C.R.S. § 14-10-115(13)(a)(V). The new $40,000 cap brings predictability to an additional income bracket representing approximately 12% of Colorado divorce cases.
How Colorado's New Unified Worksheet Works
The merged worksheet system eliminates the previous distinction between Worksheet A (used when one parent had fewer than 92 overnights) and Worksheet B (used when both parents exceeded 92 overnights). Colorado's new unified approach under revised C.R.S. § 14-10-115 calculates support using a continuous formula that accounts for:
- Combined adjusted gross income of both parents (now capped at $40,000/month or $480,000/year)
- Each parent's proportional share of that combined income
- Actual number of overnights exercised by each parent (all overnights count, not just those over 92)
- Basic child support obligation from the updated schedule table
- Additional expenses including health insurance, extraordinary medical costs, and work-related childcare under C.R.S. § 14-10-115(11)
The practical impact is counterintuitive: base support amounts increase in most cases because the unified worksheet uses higher baseline figures than old Worksheet A, but parents receive immediate credit for every overnight rather than hitting a 92-night cliff. A parent earning $5,000 monthly with one child who exercises 75 overnights annually will pay approximately $850/month under the new system versus $950/month under old Worksheet A—but this same parent would have paid $950/month under the old system since they never reached 92 nights.
Conversely, a parent who previously qualified for Worksheet B by exercising 100 overnights may see their obligation increase slightly because the new unified formula uses a higher base calculation, though they still receive credit for all 100 nights. The Colorado Judicial Branch estimates that approximately 60% of support orders will increase under the new guidelines, 30% will decrease, and 10% will remain substantially similar.
Practical Takeaways for Colorado Parents
-
Pending cases filed before March 1, 2026: If your divorce or modification case was filed before March 1, 2026, but won't be finalized until after that date, Colorado courts will apply the new guidelines under the "law in effect at time of order" principle established in In re Marriage of Saueressig, 985 P.2d 578 (Colo. App. 1999). Discuss with your attorney whether delaying finalization might benefit your specific financial situation.
-
Existing orders: Current child support orders entered before March 1, 2026, remain enforceable under their original terms unless modified. However, either parent can file a motion to modify based on "substantial and continuing change of circumstances" under C.R.S. § 14-10-122, and the implementation of new guidelines may constitute such a change if it results in a 10% or greater difference in the calculated obligation.
-
Modification strategy: Parents currently receiving Worksheet B credit (exercising 92+ overnights) should run calculations before filing for modification—you may see an increase despite maintaining the same parenting time. Conversely, parents exercising 50-91 overnights annually will almost certainly benefit from modification and should consult a Colorado family law attorney about filing under C.R.S. § 14-10-122.
-
High-income earners: If your combined household income exceeds $40,000 monthly ($480,000/year), the portion above this cap now falls under judicial discretion pursuant to C.R.S. § 14-10-115(13)(a)(V). Courts will consider the child's actual needs and the parents' standard of living, meaning support calculations become less predictable and more dependent on evidence presented at trial.
-
Parenting time documentation: With every overnight now carrying financial weight, meticulous documentation of actual overnights exercised becomes critical. Use a co-parenting app like OurFamilyWizard or AppClose that creates an admissible record under Colorado Rules of Evidence 803(6). Informal agreements that aren't documented won't generate support credits.
Frequently Asked Questions
Will my existing Colorado child support order automatically change on March 1, 2026?
No—existing orders remain enforceable under their original terms unless a parent files a motion to modify under C.R.S. § 14-10-122 and demonstrates a substantial change of circumstances resulting in a 10% or greater difference between the current obligation and what the new guidelines would produce. The implementation of new statutory guidelines may constitute such a change, but modification is not automatic and requires a court order.
How much credit do I get for overnights under the new Colorado system?
Every overnight you exercise reduces your proportional share of the basic child support obligation under the unified worksheet formula in revised C.R.S. § 14-10-115. For example, if you exercise 73 overnights annually (20% parenting time), you receive credit for costs associated with those 73 nights, whereas under the old system you received zero credit unless you reached 92 overnights. The exact reduction varies based on combined income and number of children.
What if our combined income exceeds the new $40,000 monthly cap?
Income exceeding $40,000/month ($480,000/year combined) falls under C.R.S. § 14-10-115(13)(a)(V), giving judges discretion to calculate support based on the child's actual needs and the family's pre-divorce standard of living. Courts typically apply the guideline percentage to the first $40,000 and then add an additional amount for extraordinary income based on evidence of private school tuition, travel, extracurricular activities, and other lifestyle expenses consistent with the child's established standard of living.
Can I modify my Colorado child support based solely on these new guidelines?
Potentially yes—if the new calculation under revised C.R.S. § 14-10-115 produces a result that differs by 10% or more from your current order, Colorado courts generally recognize this as a substantial and continuing change of circumstances under C.R.S. § 14-10-122. However, you must file a formal motion to modify; the change does not happen automatically. Consult a Colorado family law attorney to run calculations specific to your income, parenting time, and number of children before filing.
Do the March 2026 changes affect child custody or just support calculations?
The statutory changes modify only the child support calculation methodology under C.R.S. § 14-10-115, not the legal standards for determining parenting time or decision-making responsibility. Colorado courts continue to allocate parenting time based on the child's best interests under C.R.S. § 14-10-124, considering factors like the child's wishes, relationships with parents, adjustment to home and school, and each parent's ability to encourage the child's relationship with the other parent. However, the elimination of the 92-overnight financial threshold may reduce litigation over marginal overnights pursued solely for support reduction purposes.
What Colorado Parents Should Do Now
If you have an existing child support order and exercise between 50-91 overnights annually with your child, contact a Colorado family law attorney before March 1, 2026, to evaluate whether modification will benefit you under the new unified worksheet. If you earn combined income exceeding $30,000 monthly, you may see increased predictability under the new $40,000 cap. For pending cases not yet finalized, discuss timing strategy with your attorney—the date the court enters its order determines which guidelines apply.
The Colorado Judicial Branch will publish updated child support worksheets and calculator tools at courts.state.co.us by February 15, 2026. Parents representing themselves (pro se) should wait for these official tools rather than attempting manual calculations, as the unified worksheet involves complex formulas that require precise income adjustments under C.R.S. § 14-10-115(5).
These reforms represent a significant improvement in fairness and transparency for Colorado families. By eliminating arbitrary thresholds and providing proportional credit for all parenting time, the new system better aligns financial obligations with the real costs of raising children across two households.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.