CO Bar Family Law 3 — Questions and Answers
Question 1: Colorado family law replaced the term 'custody' with which legal concept?
- Primary placement
- Parental responsibility (Correct answer)
- Guardianship
- Residential care designation
Correct answer: Parental responsibility
Colorado's Uniform Dissolution of Marriage Act uses 'parental responsibility' (both legal and physical) instead of the traditional term 'custody.'
Question 2: Which factor is a Colorado court expressly PROHIBITED from considering when allocating parenting time?
- Each parent's work schedule and availability
- The child's adjustment to home, school, and community
- The mental and physical health of all individuals involved
- A parent's sexual conduct that does not affect the child (Correct answer)
Correct answer: A parent's sexual conduct that does not affect the child
C.R.S. 14-10-124(1.5)(b) expressly prohibits a court from considering a parent's sexual conduct or lifestyle unless it directly affects the child.
Question 3: Colorado uses which model to calculate child support?
- Percentage-of-income model based solely on the non-custodial parent's income
- Income shares model combining both parents' incomes (Correct answer)
- Flat-rate model set by statute
- Needs-based model focused on the child's actual expenses only
Correct answer: Income shares model combining both parents' incomes
Colorado's child support guidelines use the income shares model, which combines both parents' gross incomes to determine a total support obligation then prorates it by each parent's proportional share.
Question 4: A parent wishes to relocate with the minor children to another state. Under Colorado law, how far in advance must that parent notify the other parent?
- 30 days
- 60 days
- 90 days (Correct answer)
- 6 months
Correct answer: 90 days
C.R.S. 14-10-129 requires a relocating parent to provide at least 90 days' advance written notice to the other parent before the planned move.
Question 5: At what minimum age does Colorado law permit a court to consider a child's preference regarding parenting time?
- 10 years old
- 12 years old
- 14 years old
- There is no minimum age; the court considers preference based on the child's maturity (Correct answer)
Correct answer: There is no minimum age; the court considers preference based on the child's maturity
Colorado has no statutory minimum age; courts consider a child's preference at any age so long as the child is sufficiently mature to express a reasoned view.
Question 6: Under Colorado law, when does a child support obligation generally terminate absent a court order extending it?
- When the child turns 18
- When the child turns 19 or graduates high school, whichever occurs first (Correct answer)
- When the child graduates from college
- When the child turns 21
Correct answer: When the child turns 19 or graduates high school, whichever occurs first
Colorado child support terminates upon emancipation, which by statute occurs at age 19 or upon high school graduation — whichever comes first.
Question 7: When a parent is found to be voluntarily unemployed or underemployed, how does a Colorado court calculate that parent's child support obligation?
- Uses only the parent's actual documented income
- Imputes income based on the parent's earning capacity (Correct answer)
- Imputes minimum wage in all cases regardless of background
- Declines to impute any income without proof of bad faith
Correct answer: Imputes income based on the parent's earning capacity
Colorado courts impute income to a voluntarily unemployed or underemployed parent based on earning capacity, education, and work history — not merely actual earnings.
CO Bar Family Law 3
Colorado family law replaced the term 'custody' with which legal concept?