Colorado Eliminates 93-Overnight Threshold in Major Child Support Overhaul
Colorado's child support system underwent its most significant transformation in over a decade when HB 25-1159 took effect on March 1, 2026. The new law eliminates the 93-overnight threshold that previously created a cliff effect in support calculations, raises the combined income cap from $30,000 to $40,000 monthly gross income, and updates support amounts from 2010 to 2023 values based on the Betson-Rothbarth economic study. For Colorado parents navigating custody arrangements, every overnight now directly impacts support obligations.
| Key Facts | Details |
|---|---|
| What happened | Colorado enacted HB 25-1159, overhauling child support guidelines |
| Effective date | March 1, 2026 |
| Major change | 93-overnight threshold eliminated; every overnight now counts |
| Income cap | Increased from $30,000 to $40,000 combined monthly gross income |
| Data update | Support amounts updated from 2010 to 2023 economic values |
| Worksheet change | Single unified worksheet replaces dual-worksheet system |
Why This Ruling Fundamentally Changes Colorado Child Support
The elimination of the 93-overnight threshold represents the most consequential shift in Colorado child support law since the state adopted income shares guidelines. Under the previous system codified in C.R.S. § 14-10-115, parents with fewer than 93 overnights per year paid support based solely on income ratios. Parents with 93 or more overnights qualified for a different calculation that often resulted in significantly lower obligations.
This created what family law practitioners called the cliff effect. A parent with 92 overnights might pay $1,500 monthly in support. That same parent with 93 overnights might pay $900. The arbitrary threshold encouraged litigation over single overnights and created perverse incentives in custody negotiations.
Under HB 25-1159, Colorado now uses a linear parenting time adjustment. According to Family Law Software's analysis, support obligations now decrease proportionally with each additional overnight. A parent with 50 overnights sees appropriate credit for those 50 nights. A parent with 100 overnights sees credit for all 100. The calculation is continuous rather than step-based.
The income cap increase from $30,000 to $40,000 combined monthly gross income affects high-earning families. Previously, parents earning above $360,000 annually combined hit a ceiling where additional income did not increase support obligations. The new $480,000 annual threshold means more families fall within the guidelines rather than requiring judicial deviation.
How Colorado's Updated Guidelines Work in Practice
The new unified worksheet consolidates what was previously a two-worksheet system. Parents and attorneys no longer need to determine which worksheet applies based on overnight counts. This simplification reduces calculation errors and streamlines the modification process.
The Betson-Rothbarth Study update reflects 13 years of economic change. The 2010 figures the old guidelines used did not account for inflation, increased childcare costs, or changes in healthcare expenses. The 2023 data incorporated into HB 25-1159 better reflects actual child-rearing costs in today's economy.
For a family with $10,000 combined monthly gross income and two children, the base support obligation under the old guidelines was approximately $1,867. Under the updated 2023 figures, that base obligation increased to approximately $2,150, reflecting a 15% adjustment for economic reality.
The parenting time adjustment now applies a multiplier based on each parent's percentage of overnights. If the non-custodial parent has 30% of overnights (approximately 110 nights per year), support adjusts downward by a corresponding factor. The formula considers that the parent exercising parenting time incurs direct expenses during those overnights.
C.R.S. § 14-10-115 still allows deviation from guidelines when application would be inequitable. Courts retain discretion to consider factors including extraordinary medical expenses, educational costs, and travel expenses for parenting time. However, the updated guidelines should require fewer deviations because they better account for real-world circumstances.
Practical Takeaways for Colorado Parents
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Review existing orders for modification potential. If your current child support order calculated under the old guidelines and your parenting time falls between 50-92 overnights, you may now qualify for reduced support under the linear adjustment. Colorado requires a 10% or $50 change (whichever is greater) to justify modification.
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Document your actual overnights carefully. With every night now affecting calculations, accurate parenting time records become essential. Use a co-parenting app or calendar system that timestamps overnight exchanges.
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Expect recalculations in pending cases. Any child support matter not finalized before March 1, 2026 will use the new guidelines. If you filed before that date but have not received a final order, the updated calculations apply.
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Understand the income cap change if you are a high earner. Families with combined gross income between $30,001 and $40,000 monthly now fall fully within guidelines rather than requiring judicial deviation for the excess amount.
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Consult with an attorney before agreeing to parenting schedules. The financial implications of parenting time arrangements are now more nuanced. A schedule that provides 120 overnights versus 140 overnights has measurable support consequences that should inform negotiations.
What This Means for Existing Child Support Orders
Existing child support orders do not automatically change. Colorado law requires a party to file a motion to modify support and demonstrate a substantial and continuing change in circumstances. However, the enactment of HB 25-1159 itself may constitute changed circumstances when combined with other factors.
Parents paying support under the old 93-overnight threshold system who have consistently exercised parenting time below that threshold should analyze whether the new linear calculation would reduce their obligation. Conversely, parents receiving support should understand that the obligor may seek modification.
The 2023 economic update generally increases support amounts compared to the 2010 figures. For parents whose orders used the old base amounts, this increase could offset or exceed reductions from the parenting time adjustment changes.
Colorado courts will likely see increased modification filings in the months following March 1, 2026. Parents considering modification should gather recent income documentation, parenting time records, and current expense information before filing.
Frequently Asked Questions
Does my existing child support order change automatically on March 1, 2026?
No, existing orders remain in effect until modified by court order. You must file a motion to modify child support under C.R.S. § 14-10-122 and demonstrate changed circumstances. The new law applies to pending cases not yet finalized and to all new cases filed after March 1, 2026.
How much will my child support change under the new guidelines?
The impact varies based on your specific circumstances. Parents with parenting time between 50-92 overnights annually will likely see the most significant changes, potentially reducing support by 10-25% compared to old calculations. The 2023 economic update increases base amounts by approximately 15%.
What is the Betson-Rothbarth Study that updated support amounts?
The Betson-Rothbarth Study is an economic analysis measuring actual child-rearing expenditures across income levels. Colorado adopted the 2023 version, replacing 2010 data. This methodology is used by most states following the income shares model and is updated periodically to reflect current economic conditions.
Can I modify support if I have exactly 93 overnights under my current order?
Possibly. If you qualified for the old Worksheet B calculation with 93+ overnights, the new linear system may produce different results. You would need to run calculations under both systems. The 10% or $50 threshold for modification under C.R.S. § 14-10-122 still applies.
Does the new law affect parenting time decisions?
The law does not change how courts determine parenting time, which remains governed by best interests factors under C.R.S. § 14-10-124. However, the financial implications of different parenting schedules are now more linear, which may influence settlement negotiations between parents.
Connect With a Colorado Family Law Attorney
The child support changes under HB 25-1159 create both opportunities and concerns for Colorado parents. Understanding how the new calculations apply to your specific circumstances requires analysis of your income, parenting time, and current order. Divorce.law connects you with exclusive family law attorneys across Colorado who can evaluate your situation.
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.