Colorado's Largest Child Support Overhaul Counts Every Overnight Starting March 2026
Colorado House Bill 25-1159 took effect March 1, 2026, eliminating the 92/93-overnight threshold that previously determined child support worksheet selection and now counting every single overnight toward calculations. The law raises the combined monthly gross income cap from $30,000 to $40,000 and introduces a $1,831.83 monthly self-support reserve protecting low-income obligors from excessive support obligations that would push them below poverty level.
| Key Facts | Details |
|---|---|
| What Changed | Colorado eliminated dual worksheet system (Worksheet A/B), now uses single unified calculation |
| Effective Date | March 1, 2026 |
| Key Statute | C.R.S. § 14-10-115 (Child Support Guidelines) |
| Income Cap | Increased from $30,000 to $40,000 combined monthly gross income |
| Self-Support Reserve | New $1,831.83/month protection for low-income obligors |
| Who's Affected | All new child support orders and modifications filed after March 1, 2026 |
The Old System Created Cliff Effects That Punished Parents Near the 92-Night Threshold
Before March 2026, Colorado used two separate worksheets based on the non-custodial parent's overnight count. According to the Colorado Family Law Project, Worksheet A applied when the non-custodial parent had fewer than 93 overnights annually (25% parenting time), while Worksheet B applied at 93 or more overnights.
This created significant cliff effects. A parent with 92 overnights might owe $1,200 monthly in support, while jumping to 93 overnights could drop that obligation dramatically under Worksheet B's shared-parenting formula. Parents and attorneys sometimes gamed the system, pushing for exactly 93 overnights not because it served the child's best interests, but because it triggered a lower support calculation.
The new unified system under C.R.S. § 14-10-115 eliminates this gaming opportunity entirely. Every overnight now counts proportionally toward the support calculation, creating a smooth curve rather than a sudden cliff at 92/93 nights.
How Colorado Now Calculates Child Support Under the Unified System
The 2026 changes implement what family law practitioners call a graduated parenting time credit that applies from the first overnight. Under the prior system, a non-custodial parent with 60 overnights received zero credit toward reducing support. Under the new law, those 60 overnights (16.4% parenting time) generate a proportional reduction in the support obligation.
The mathematics work as follows: the guidelines first calculate a base support amount using combined parental income and the number of children. Then the parenting time percentage directly offsets this amount. A parent with 146 overnights (40% parenting time) sees a 40% reduction in their theoretical support obligation, adjusted for the income differential between households.
This approach aligns Colorado with the majority of states that have already moved toward continuous parenting time credits. Colorado now joins California, Arizona, and Washington in eliminating arbitrary overnight thresholds that distorted custody negotiations.
The $40,000 Income Cap Expansion Addresses High-Income Cases
Colorado's prior $30,000 combined monthly gross income cap ($360,000 annually) left courts without clear guidance in high-income divorces. When parents earned $500,000 combined, judges applied the $30,000 cap and then used discretion to add additional support for children's proven needs.
The new $40,000 monthly cap ($480,000 annually) under the amended C.R.S. § 14-10-115 provides formula-based guidance for a larger segment of Colorado families. For combined incomes exceeding $40,000 monthly, courts continue applying the guidelines at the cap amount plus discretionary additions based on the child's established standard of living.
This 33% increase in the income cap reflects both inflation since the prior cap was set and Colorado's recognition that child-rearing costs scale with income in ways the old cap failed to capture.
Self-Support Reserve Protects Low-Income Obligors From Poverty
The most significant protection in HB 25-1159 is the new $1,831.83 monthly self-support reserve, calculated at 133% of the 2024 federal poverty level for a single individual. Before this change, Colorado courts could order support that left obligors unable to meet basic living expenses, often resulting in non-payment, contempt proceedings, and license suspensions that further impaired earning capacity.
Under the new law, if a child support calculation would reduce the obligor's remaining income below $1,831.83 monthly, the court must cap support at an amount that preserves this reserve. The self-support reserve adjusts annually with federal poverty guidelines, ensuring the protection keeps pace with inflation.
For context, a parent earning $2,500 monthly gross who previously might have owed $600 in support (leaving $1,900 after taxes and support) could now see that obligation reduced to preserve the $1,831.83 floor. This change recognizes that obligors who cannot afford rent and food ultimately cannot pay support reliably.
Practical Takeaways for Colorado Parents
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Review existing orders for modification opportunities. If you have between 70-92 overnights under an old Worksheet A order, the new continuous credit system may significantly reduce your support obligation. File for modification citing the substantial and continuing change in law.
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Document actual overnights meticulously. Every overnight now affects the calculation proportionally. Keep calendars, parenting app records, and communication logs showing actual overnight exchanges.
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High-income parents should recalculate under the new $40,000 cap. If your combined income exceeds $30,000 monthly and your order was calculated at the old cap, the new guidelines may result in different support amounts.
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Low-income obligors should seek modification if current support pushes you below the $1,831.83 self-support reserve. Bring proof of your monthly income and expenses to demonstrate how the new reserve protection applies.
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Update parenting plans to reflect practical overnight arrangements rather than gaming specific thresholds. The incentive to artificially inflate or deflate overnight counts has been eliminated.
Frequently Asked Questions
Does this law apply to my existing child support order?
Existing orders remain in effect until modified. However, the law change under C.R.S. § 14-10-122 constitutes a substantial and continuing change in circumstances, which is the legal standard required to request modification. Parents can file motions to modify citing HB 25-1159 starting March 1, 2026, though courts will evaluate whether the change produces a meaningful difference in your specific case.
How many overnights do I need before parenting time affects support?
Under the new law, the first overnight counts. There is no longer a minimum threshold. Previously, parents needed 93 overnights (25.5% parenting time) before any parenting time credit applied under Worksheet B. Now, even 30 overnights (8.2% parenting time) generates a proportional credit toward the support calculation, creating fairer outcomes for parents with limited but consistent parenting schedules.
What qualifies as an overnight under Colorado law?
Colorado courts count an overnight when the child sleeps at your residence and you provide primary supervision during sleeping hours. C.R.S. § 14-10-115 does not require the child to be present for a full 24-hour period. Courts generally count the night even if the child arrives late evening or leaves early morning, provided sleeping occurred at your home under your care.
Can I request a modification immediately or must I wait?
You can file a motion to modify child support immediately if you believe the new law substantially changes your calculation. Colorado requires showing a substantial and continuing change in circumstances, which a significant legal revision like HB 25-1159 typically satisfies. Courts will apply the new calculations to any modification filed after March 1, 2026, comparing the new result to your current order.
How does the self-support reserve work if I have multiple support orders?
The $1,831.83 self-support reserve applies to your total remaining income after all support obligations. If you pay support for children from multiple relationships, Colorado courts calculate obligations sequentially, but the reserve protection ensures your remaining income after all orders cannot fall below the poverty threshold. Courts may need to proportionally reduce multiple orders to preserve the reserve.
Understanding Your Options Under the New Law
Colorado's child support overhaul represents a significant modernization of family law guidelines. Parents navigating these changes should consider consulting with a Colorado family law attorney to understand how the new unified worksheet, expanded income cap, and self-support reserve apply to their specific circumstances.
Victoria, our AI legal assistant, can help you understand Colorado's child support guidelines and connect you with experienced family law attorneys in your county who handle support modifications.
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.