Colorado enacted its most significant child support reform in decades on March 1, 2026, when HB 25-1159 replaced the old 93-overnight threshold with a continuous formula where every single overnight a child spends with the paying parent reduces the support obligation. The new law also raises the combined income cap from $30,000 to $40,000 per month and requires both parents to share uninsured medical expenses from the first dollar.
| Key Fact | Detail |
|---|---|
| What happened | Colorado overhauled its child support guidelines under HB 25-1159 |
| Effective date | March 1, 2026 |
| Old overnight threshold | 93 overnights per year (created a financial cliff) |
| New formula | Every overnight reduces obligation on a continuous scale |
| Income cap change | Combined parental income cap raised from $30,000 to $40,000/month |
| Medical expenses | Both parents now share uninsured costs from the first dollar |
| Applicability | New orders and modifications filed after March 1, 2026 only |
The 93-Overnight Cliff Is Gone, and That Changes Everything
For years, the single most contentious number in Colorado custody negotiations was 93. Under the old version of C.R.S. § 14-10-115, a paying parent needed at least 93 overnights per year before the child support formula would credit any parenting time at all. Below that number, you paid the same amount whether you had your kids 92 nights a year or zero.
This created what family lawyers called the "overnight cliff." Parents would fight tooth and nail over that 93rd overnight, not because it changed anything about the child's daily life, but because crossing the threshold could reduce support by hundreds of dollars per month. As Family Law Software reported, the new law replaces this cliff with a continuous adjustment where every overnight a parent exercises incrementally reduces the child support obligation.
The practical effect is significant. A parent with 60 overnights per year, who previously received zero credit in the formula, will now see a meaningful reduction in their support obligation. A parent with 120 overnights, who previously received the same credit as someone with 93, will now receive a proportionally larger adjustment. The formula now tracks actual parenting time on a sliding scale rather than forcing cases into an all-or-nothing binary.
How Colorado's New Child Support Formula Works
HB 25-1159 rewrites the child support guidelines in C.R.S. § 14-10-115 with three major structural changes that Colorado family courts will apply to all new orders and modifications filed on or after March 1, 2026.
The continuous overnight credit is the headline change. Under the old guidelines, the formula only adjusted for parenting time once the lower-time parent exceeded 93 overnights (roughly 25% of the year). The new formula applies a proportional credit starting from the very first overnight. Each additional night spent with the paying parent incrementally reduces the obligation, eliminating the incentive to game the custody schedule around an arbitrary threshold.
The combined gross income cap has increased from $30,000 to $40,000 per month. This matters for higher-earning Colorado families. Under the previous $30,000 cap, a couple earning a combined $480,000 per year maxed out the guideline table, and courts had discretion to set support above that amount without structured guidance. The new $40,000 monthly cap (equivalent to $480,000 per year combined) extends the guideline tables to cover families earning up to a combined $480,000 annually, providing more predictability for higher-income cases.
Medical expense sharing now starts from the first dollar. Previously, there was a threshold before parents began splitting uninsured medical costs for their children. Under HB 25-1159, both parents share these expenses proportionally based on their respective incomes from the very first dollar spent. For families with children who have ongoing medical needs, therapy costs, or orthodontic treatment, this change could shift hundreds or thousands of dollars per year between households.
What This Means If You Already Have a Colorado Child Support Order
Existing child support orders entered before March 1, 2026, remain governed by the old guidelines. The new law does not automatically recalculate current orders. Colorado parents with pre-existing orders should understand three things about how this transition works.
First, you must file a motion to modify to get the benefit of the new formula. Colorado courts require a showing of changed circumstances under C.R.S. § 14-10-122 to modify an existing child support order. However, a substantial change in the law itself can constitute a changed circumstance, which means the passage of HB 25-1159 may provide grounds to request a modification.
Second, the timing of your filing matters. Only cases filed on or after March 1, 2026, will be calculated under the new guidelines. If you filed a modification in February 2026, your case will be decided under the old formula even if the hearing takes place in April.
Third, running the numbers before filing is essential. The new formula does not guarantee a lower obligation for every paying parent or a higher obligation for every receiving parent. Depending on your specific overnight schedule, income ratio, and medical expense history, the new guidelines could move your number in either direction. A parent who currently has 100 overnights and previously benefited from crossing the 93-night threshold may see a smaller adjustment under the new continuous formula than they received under the old cliff system.
Practical Takeaways for Colorado Parents
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Run the new calculations before making any legal moves. The Colorado Family Law Software and various online calculators have already updated to reflect HB 25-1159. Compare your current order to what the new formula would produce before spending money on a modification filing.
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Stop negotiating around the 93-overnight number. If you are currently in custody negotiations or mediation, the overnight cliff is gone. Focus on a parenting schedule that genuinely works for your children rather than one engineered to land on a specific side of an arbitrary threshold.
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Review your medical expense arrangement immediately. The first-dollar sharing provision changes the math for families with significant out-of-pocket medical costs. If your current order has a different medical expense split, a modification could produce meaningful savings.
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Document your actual overnights carefully. Because every overnight now affects the calculation, accurate records matter more than ever. Consider using a co-parenting app like OurFamilyWizard or TalkingParents to create a verified log of actual parenting time.
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Consult a Colorado family law attorney before filing a modification. The interplay between the new guidelines, your existing order, and the changed-circumstances requirement under C.R.S. § 14-10-122 is case-specific. A $300-500 consultation can tell you whether a modification is worth pursuing.
Frequently Asked Questions
Does HB 25-1159 automatically change my existing child support order?
No, HB 25-1159 does not retroactively change existing orders. Colorado parents must file a motion to modify under C.R.S. § 14-10-122 to have their support recalculated under the new guidelines. Only modifications and new orders filed on or after March 1, 2026, use the new formula.
How much does each overnight reduce child support under the new Colorado law?
The reduction is proportional, not a fixed dollar amount per night. Under HB 25-1159, the continuous formula adjusts the obligation incrementally based on the ratio of overnights each parent exercises relative to a 365-night year. The exact dollar impact depends on combined parental income and the number of children.
What is the new income cap for Colorado child support calculations?
Colorado raised the combined gross income cap from $30,000 to $40,000 per month under HB 25-1159, effective March 1, 2026. For families with combined annual income above $360,000 but below $480,000, the new guidelines now provide a structured formula instead of leaving the amount to judicial discretion.
Does the new law change how parenting time is counted in Colorado?
HB 25-1159 changes how parenting time affects the financial calculation, not how overnights are defined or counted. Colorado courts still define an overnight as the child sleeping at a parent's residence. The difference is that every overnight now reduces the paying parent's obligation proportionally instead of requiring a 93-night minimum threshold.
Can I file a modification just because the law changed?
A change in the law can support a motion to modify child support in Colorado, but courts still evaluate whether the change produces a materially different result in your specific case. Under C.R.S. § 14-10-122, a modification generally requires at least a 10% change in the support amount to qualify as a substantial change in circumstances.
Find a Colorado family law attorney in your county who can evaluate how HB 25-1159 affects your specific child support 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.