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Ways to Calculate Overnights for Child Support in Colorado
There are several ways to calculate overnight child support in Colorado. Colorado child support amounts are calculated based on guidelines established by the Colorado State Legislature.
One key factor in calculating child support amounts is the overnight total, or how many nights children spend with each parent. In any Colorado divorce or custody proceeding, the family court orders child support to ensure financial security for the children.
Ways of counting overnight stays
There are three ways to count overnight stays in Colorado divorce and custody cases. Regardless of the method used to calculate parental stays in Colorado, it is critical for divorcing parents to use the most accurate number when calculating child support. Otherwise, the child benefits may be too high or too low.
Number of nights: Estimating overnights simply means that the parents make their best estimate of how many overnights the non-resident parent has. The biggest problem with the estimate is that it is far from accurate and does not take into account exceptions such as holidays.
Calculate manually: Parents can count the number of overnight stays using a paper calendar and calculator. If the care calendar has already been created, the parent can simply add up the marked days and get the overnight amount. Accuracy can suffer because parents often forget to include exceptions to the regular weekly schedule, such as holidays, vacation days, and other events.
Maintenance calendar software: Custody software allows divorcing parents to create a custody schedule on a computer, then calculate how many parents are staying overnight. These programs can even calculate individual hours per parent, making total parenting time significantly different than simply counting sleepovers on a calendar. If the schedule changes by even a few days, the program automatically recalculates the amounts.
Colorado parenting time
While each state sets its own parenting time requirements, Colorado looks at sole or joint physical custody and the hours the nonresident parent spends with the children. Sole physical custody means that one parent hosts the children for most of the year and the non-resident parent spends 93 or fewer nights with the children.
To qualify for joint physical custody in Colorado, the non-residential parent spends between 94 and 182 nights with the children. Child support credits are given to the non-resident parent based on the number of nights planned.
Counting overnight stays
To get the total number of overnight stays for each parent per year, in Colorado subtracting parents must physically add up the overnight stays from the custody schedule. While there is no one right way to do this, certain methods are easier and more accurate than others.
All overnight stays must be combined, including weekdays, weekends, holidays, vacations and other special events. Colorado parents can take the total number of overnight stays and divide that number by 365 to get a percentage. The answer shows the percentage of parenting time per year. For example, if the non-residential parent accommodates the children for 110 nights, that would be 30 percent of the time per year.
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