News & Commentary

Colorado HB 25-1159: New Child Support Formula Effective March 1, 2026

Colorado's HB 25-1159 eliminates the 93-overnight cliff, extends income schedules to $40K/month, and introduces a $1,790 self-support reserve. Effective March 1, 2026.

By Antonio G. Jimenez, Esq.Colorado7 min read

Colorado overhauled its child support guidelines on March 1, 2026, when HB 25-1159 took effect. The law eliminates the 93-overnight threshold that created an all-or-nothing parenting time credit, extends the combined income schedule from $30,000 to $40,000 per month, introduces a self-support reserve of approximately $1,790 per month, and replaces the old dual-worksheet system with a single unified calculation. Every new or modified child support order filed after March 1, 2026, uses the new formula.

Key Facts

DetailSummary
What happenedColorado enacted HB 25-1159, the most significant child support reform in over a decade
Effective dateMarch 1, 2026
JurisdictionColorado (all family courts statewide)
Key statuteC.R.S. § 14-10-115 (child support guidelines)
Who is affectedAll parents filing new or modified child support orders after March 1, 2026
Major changesGraduated overnight credit, $40K/month income cap, $1,790 self-support reserve, single worksheet

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

Colorado's old child support system created a binary cutoff at 93 overnights per year. A parent with 92 overnights received zero parenting time credit. A parent with 93 overnights received a full adjustment. According to Burnham Law's analysis of the new statute, this cliff incentivized litigation over a single overnight rather than focusing on what actually served the child's interests.

HB 25-1159 replaces that cliff with a graduated formula under revised C.R.S. § 14-10-115. Every overnight now counts. A parent exercising 50 overnights per year receives a proportional credit, as does a parent exercising 120 overnights. The formula applies a multiplied adjustment factor that increases smoothly as overnights increase, eliminating the incentive to fight over arbitrary thresholds.

This matters because parenting time disputes in Colorado frequently centered on crossing the 93-overnight line. Attorneys and judges saw cases where the difference between 92 and 93 overnights could swing a child support obligation by hundreds of dollars per month. The new graduated approach means incremental changes in parenting time produce incremental changes in support, which aligns financial outcomes with actual caregiving time.

How Colorado's New Formula Works Under HB 25-1159

The revised C.R.S. § 14-10-115 introduces four structural changes that affect every child support calculation filed after March 1, 2026.

The income schedule now covers combined adjusted gross incomes up to $40,000 per month, up from the previous $30,000 cap. For families earning above the old cap, courts previously had broad discretion with limited statutory guidance. The extended schedule provides specific presumptive amounts through $40,000 per month in combined income, reducing judicial guesswork and increasing predictability for higher-earning families.

The self-support reserve sets a floor of approximately $1,790 per month, roughly equivalent to the federal poverty level for a single person. If paying child support would push the obligor's remaining income below this threshold, the court adjusts the obligation downward. This protects low-income parents from support orders that would leave them unable to meet basic living expenses, a problem that historically drove noncompliance and contempt proceedings.

The single unified worksheet replaces the old dual-worksheet system that used "Worksheet A" for cases under 93 overnights and "Worksheet B" for cases at or above 93 overnights. All cases now use one calculation method regardless of the parenting time split, which simplifies the process for both attorneys and self-represented parties.

The law also updates the basic child support obligation amounts within the schedule tables to reflect current economic data on the cost of raising children in Colorado.

Practical Takeaways for Colorado Parents

  1. Check whether your existing order qualifies for modification. Under C.R.S. § 14-10-122, a child support order can be modified if the new guidelines would change the obligation by 10% or more. Given the structural overhaul in HB 25-1159, many existing orders will meet this threshold, particularly cases that previously fell just below or above the 93-overnight line.

  2. Run the numbers under the new formula before filing. Colorado's Family Law Software and several online calculators have been updated to reflect HB 25-1159. Parents with 50 to 92 overnights per year are most likely to see a meaningful reduction in their support obligation compared to the old formula, because they now receive graduated credit for every overnight.

  3. Understand that only orders filed or modified after March 1, 2026, use the new formula. Existing orders remain in effect under the old guidelines until a party files a motion to modify. The new law does not automatically recalculate existing obligations.

  4. Higher-income families should pay close attention to the extended income schedule. If your combined adjusted gross income exceeds $30,000 per month, the new schedule through $40,000 provides specific presumptive amounts that replace what was previously discretionary territory. This could increase or decrease your obligation depending on the specific income level and number of children.

  5. Low-income obligors should review the self-support reserve provision. If your monthly income is near $1,790, the new reserve may reduce your child support obligation to ensure you retain enough income to meet basic needs. Consult a Colorado family law attorney to determine whether a modification motion is appropriate.

Frequently Asked Questions

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

No, existing child support orders remain in effect under the old formula until a party files a motion to modify under C.R.S. § 14-10-122. The 10% change threshold still applies, but the structural differences in HB 25-1159 mean many orders will qualify for modification, particularly cases involving 50 to 92 overnights per year.

How does the graduated overnight credit work under the new Colorado law?

The graduated formula under revised C.R.S. § 14-10-115 assigns a proportional credit for every overnight a parent exercises, starting from the first overnight. The adjustment factor increases smoothly rather than triggering at 93 overnights, so a parent with 60 overnights receives a smaller credit than a parent with 120 overnights, with no cliff or gap in the calculation.

What is the self-support reserve in Colorado's new child support law?

The self-support reserve is approximately $1,790 per month, based on the federal poverty guideline for a single person. Under HB 25-1159, if paying child support would reduce the obligor's remaining income below this threshold, the court reduces the obligation accordingly. This provision took effect March 1, 2026, and applies to all new and modified orders.

Who benefits most from Colorado's child support overhaul?

Parents exercising between 50 and 92 overnights per year see the most significant change under HB 25-1159. Under the old law, these parents received zero parenting time credit because they fell below the 93-overnight threshold. The graduated formula now provides proportional credit for every overnight, which can reduce their child support obligation by hundreds of dollars per month.

Does the new $40,000 income cap affect average-income families?

The extended income schedule primarily affects families with combined adjusted gross incomes between $30,000 and $40,000 per month. Families earning below $30,000 per month combined will still see changes from the graduated overnight credit and updated obligation tables, but the income cap extension specifically targets higher-earning households that previously relied on judicial discretion above the old $30,000 ceiling.

Colorado parents with questions about how HB 25-1159 affects their specific situation can find a family law attorney in their county through our directory.

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 child support orders remain in effect under the old formula until a party files a motion to modify under C.R.S. § 14-10-122. The 10% change threshold still applies, but the structural differences in HB 25-1159 mean many orders will qualify for modification, particularly cases involving 50 to 92 overnights per year.

How does the graduated overnight credit work under the new Colorado law?

The graduated formula under revised C.R.S. § 14-10-115 assigns a proportional credit for every overnight a parent exercises, starting from the first overnight. The adjustment factor increases smoothly rather than triggering at 93 overnights, so a parent with 60 overnights receives a smaller credit than one with 120 overnights.

What is the self-support reserve in Colorado's new child support law?

The self-support reserve is approximately $1,790 per month, based on the federal poverty guideline for a single person. Under HB 25-1159, if paying child support would reduce the obligor's remaining income below this threshold, the court reduces the obligation accordingly. This provision took effect March 1, 2026.

Who benefits most from Colorado's child support overhaul?

Parents exercising between 50 and 92 overnights per year see the most significant change under HB 25-1159. Under the old law, these parents received zero parenting time credit below the 93-overnight threshold. The graduated formula now provides proportional credit for every overnight, reducing obligations by hundreds of dollars per month.

Does the new $40,000 income cap affect average-income families?

The extended income schedule primarily affects families with combined adjusted gross incomes between $30,000 and $40,000 per month. Families earning below $30,000 per month combined will still see changes from the graduated overnight credit and updated obligation tables, but the income cap extension specifically targets higher-earning households.

Written By

Antonio G. Jimenez, Esq.

Florida Bar No. 21022 | Covering Colorado divorce law