2013 COA 108
Colo. Ct. App.2013Background
- Parties formed a California domestic partnership in 2005 and have twins born in 2006.
- They moved to Colorado with the children in 2008.
- California dissolved the partnership in 2011, prompting Peabody to seek allocation of parental responsibilities in Colorado; Young moved for temporary child support.
- A magistrate set Young's temporary support based on income findings; the district court denied Peabody’s petition for review.
- Young, a U.S. Army service member living off-base, receives housing and food allowances; these were included in Young’s gross income for support calculations.
- The issue on appeal is whether these military allowances should be treated as income and whether any deduction from basic support is appropriate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether housing/food allowances are income for support. | Peabody argues allowances should be deductions, not income. | Young contends allowances are income because they reduce living expenses. | Included as income; no error. |
| Whether to deduct the allowances from the basic support obligation. | Peabody seeks full deduction as child resources. | Allowances are not child resources and should not be fully deducted. | No abuse of discretion in not deducting the entire amount. |
| What standard of review governs interpretation of the child support statutes. | Peabody challenges the statute’s application. | Court should apply de novo review. | Interpretation of statutes reviewed de novo. |
| Whether the court should deviate from guidelines given inequitable results. | Potential deviation to achieve fairness. | Not raised below; discretion appropriate to consider deviation on remand. | Issue not resolved on record; remand potential for consideration of deviation. |
Key Cases Cited
- In re Marriage of Paige, 282 P.3d 506 (Colo.App.2012) (de novo interpretation of child support statutes)
- In re Marriage of Dunkle, 194 P.3d 462 (Colo.App.2008) (de novo review of income for child support)
- In re Marriage of Long, 921 P.2d 67 (Colo.App.1996) (in-kind benefits as income for support)