News & Commentary

Colorado Eliminates 93-Overnight Cliff in Child Support: HB 25-1159 Takes Effect

Colorado's HB 25-1159 took effect March 1, 2026, eliminating the 93-overnight cliff, raising the income cap to $40K/month, and updating support amounts for the first time since 2014.

By Antonio G. Jimenez, Esq.Colorado8 min read

Colorado's most significant child support reform in over a decade took effect on March 1, 2026. House Bill 25-1159 eliminates the infamous 93-overnight cliff that punished parents for crossing a specific parenting time threshold, raises the combined monthly income cap from $30,000 to $40,000, establishes a self-support reserve of $1,831.83 per month, and updates support schedules to reflect inflation adjustments not made since 2014.

Key Facts

DetailSummary
What happenedColorado enacted HB 25-1159, a comprehensive child support overhaul
Effective dateMarch 1, 2026
Key changeEliminates the 93-overnight cliff that created abrupt payment jumps
Income capRaised from $30,000 to $40,000 combined monthly gross income
Self-support reserveSet at $1,831.83/month (133% of 2024 federal poverty level)
Affected statuteC.R.S. § 14-10-115
ImpactMost existing orders will see higher support amounts due to inflation adjustments

The 93-Overnight Cliff Is Gone, and That Changes Everything

Colorado's old child support formula created one of the most perverse incentives in family law. Under the prior system, a parent who had their children for 92 overnights per year paid one amount, but crossing the threshold to 93 overnights triggered a completely different worksheet that often produced dramatically lower support. According to Family Law Software's analysis, this binary switch encouraged parents to fight over a single overnight not because of their children's best interests, but because of the financial consequences.

HB 25-1159 replaces this cliff with a graduated curve under C.R.S. § 14-10-115. Support amounts now adjust incrementally as parenting time changes, removing the artificial incentive to game the system around the 93-night mark. The new formula consolidates Worksheet A (used for cases under 93 overnights) and Worksheet B (used for 93 or more overnights) into a single, unified calculation. Colorado family law practitioners have noted that this change alone will reduce litigation over parenting time schedules that were driven purely by financial calculations rather than the well-being of children.

How Colorado's New Child Support Formula Works

The reformed C.R.S. § 14-10-115 introduces several structural changes that Colorado parents and attorneys need to understand.

The combined gross income cap has increased from $30,000 to $40,000 per month. For high-income families earning above this threshold, courts retain discretion to set support amounts, but the statutory guidelines now cover a broader range of incomes. A family with combined monthly income of $35,000 previously fell outside the guidelines entirely; under the new law, that same family has a presumptive support number derived from the updated schedule.

The self-support reserve is set at $1,831.83 per month, pegged to 133% of the 2024 federal poverty level for a single individual. This reserve protects obligors from support orders that would push them below a basic standard of living. When the paying parent's adjusted gross income minus the support obligation would fall below this threshold, the court must reduce the support amount accordingly.

The base support schedule itself has been recalculated to reflect current economic data. Colorado had not updated these underlying numbers since 2014, meaning the prior schedule was based on 12-year-old cost-of-living figures. The new schedule accounts for inflation in housing, childcare, healthcare, and other child-rearing expenses. The practical result, as Family Law Software reports, is that most recalculated cases will produce higher support amounts than the old formula generated.

What This Means for Existing Colorado Child Support Orders

Existing child support orders do not automatically change. Colorado requires a motion to modify under C.R.S. § 14-10-122, which traditionally demands a showing that the new amount would differ by at least 10% from the current order. The passage of HB 25-1159 does not by itself constitute a changed circumstance, but when the recalculated amount under the new guidelines produces a difference exceeding 10%, courts will grant modifications.

Given that the support schedules have not been updated since 2014, many existing orders will meet this 10% threshold simply because the new tables reflect current costs. Parents paying or receiving support under orders entered before March 1, 2026 should run their numbers through the updated formula to determine whether a modification is warranted.

For cases currently in litigation or mediation, any support order entered on or after March 1, 2026 must use the new guidelines. Cases that were filed before the effective date but have not yet reached a final order will apply the new formula.

Practical Takeaways for Colorado Parents

  1. Run your numbers under the new formula immediately. If you are paying or receiving child support under an order entered before March 1, 2026, calculate what the new guidelines would produce. The updated schedules reflecting 12 years of inflation adjustments mean most recalculated amounts will be higher than current orders.

  2. Stop fighting over the 93-overnight line. The financial incentive to push parenting time above or below 93 overnights no longer exists. The graduated curve means incremental changes in parenting time produce incremental changes in support, not dramatic cliffs. Focus parenting time negotiations on what actually works for your children.

  3. High-income parents should review the new $40,000 cap. If your combined household income falls between $30,000 and $40,000 per month, your case now falls within the statutory guidelines rather than being left to judicial discretion. This provides more predictability but may also produce different numbers than what a court previously ordered.

  4. Understand the self-support reserve before filing. If you are the paying parent and your income is modest, the $1,831.83 monthly self-support reserve may reduce your obligation. Conversely, if you are receiving support, be aware that the reserve could limit what the court can order.

  5. Consult an attorney before filing a modification. While the new guidelines may produce a different number, the legal standard for modification still requires demonstrating that the change meets the 10% threshold under C.R.S. § 14-10-122. An attorney can run the calculations and advise whether filing makes financial sense after accounting for legal costs.

Frequently Asked Questions

Does HB 25-1159 automatically change my existing child support order?

No. Existing Colorado child support orders remain in effect until a court modifies them. You must file a motion to modify under C.R.S. § 14-10-122 and demonstrate that the recalculated amount under the new guidelines differs by at least 10% from your current order. Given the inflation adjustments since 2014, many cases will meet this threshold.

What was the 93-overnight cliff and why did Colorado eliminate it?

The 93-overnight cliff was a threshold in Colorado's old child support formula where crossing from 92 to 93 overnights per year triggered a completely different worksheet, often producing dramatically lower support amounts. HB 25-1159 replaced this binary switch with a graduated curve under C.R.S. § 14-10-115, so support adjusts incrementally with parenting time changes rather than creating a sharp financial cliff.

How does the new $40,000 monthly income cap affect high-income families?

Colorado raised the combined gross income cap from $30,000 to $40,000 per month under HB 25-1159. Families earning between $30,000 and $40,000 monthly now have a presumptive guideline amount instead of relying entirely on judicial discretion. Families above $40,000 per month still require the court to exercise discretion in setting support beyond the guideline amount.

Will my child support go up or down under the new Colorado formula?

Most recalculated cases will produce higher support amounts because Colorado had not updated its support schedule since 2014. The new tables reflect 12 years of inflation in housing, childcare, and healthcare costs. However, parents who previously benefited from the 93-overnight cliff by having exactly 93 or more overnights may see increases since the graduated curve produces different results than the old Worksheet B.

What is the self-support reserve under HB 25-1159?

The self-support reserve is $1,831.83 per month, calculated as 133% of the 2024 federal poverty level for a single individual. This reserve ensures that child support orders do not reduce the paying parent's income below a basic standard of living. If an obligor's adjusted gross income minus the calculated support would fall below this amount, the court must reduce the support obligation.

Talk to a Colorado Family Law Attorney

Child support calculations under the new HB 25-1159 formula involve multiple variables, and the difference between the old and new guidelines could be significant for your family. If you have questions about how the changes affect your situation, connect with a Colorado family law attorney through our Colorado directory to discuss your options.

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.

Key Questions

Does HB 25-1159 automatically change my existing child support order?

No. Existing Colorado child support orders remain in effect until a court modifies them. You must file a motion to modify under C.R.S. § 14-10-122 and demonstrate that the recalculated amount differs by at least 10% from your current order. Given inflation adjustments since 2014, many cases will meet this threshold.

What was the 93-overnight cliff and why did Colorado eliminate it?

The 93-overnight cliff was a threshold where crossing from 92 to 93 overnights per year triggered a completely different worksheet, often producing dramatically lower support amounts. HB 25-1159 replaced this binary switch with a graduated curve under C.R.S. § 14-10-115, so support adjusts incrementally with parenting time changes.

How does the new $40,000 monthly income cap affect high-income families?

Colorado raised the combined gross income cap from $30,000 to $40,000 per month under HB 25-1159. Families earning between $30,000 and $40,000 monthly now have a presumptive guideline amount instead of relying on judicial discretion. Families above $40,000 still require the court to set support beyond guideline amounts.

Will my child support go up or down under the new Colorado formula?

Most recalculated cases will produce higher support amounts because Colorado had not updated its support schedule since 2014. The new tables reflect 12 years of inflation in housing, childcare, and healthcare costs. Parents who benefited from the 93-overnight cliff may see the largest increases under the graduated curve.

What is the self-support reserve under HB 25-1159?

The self-support reserve is $1,831.83 per month, calculated as 133% of the 2024 federal poverty level for a single individual. This reserve ensures child support orders do not reduce the paying parent's income below a basic standard of living. Courts must reduce the support obligation if it would breach this floor.

Written By

Antonio G. Jimenez, Esq.

Florida Bar No. 21022 | Covering Colorado divorce law