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"Gross income includes income from any source, except as otherwise provided in subparagraph (II)..." So begins the child support statute provision on income, C.R.S. 14-10-115(5)(a)(I). 

The maintenance statute has the same definition, and can be found at C.R.S. 14-10-114(8)(c)(I).

Sounds pretty simple, right? You earn money, it is income. But if it were truly that simple, the statute would not need a laundry list of 26 examples, literally from A to Z, of what constitutes income, and there would not be hundreds of cases trying to decipher what should count as income.

A common misperception is that if money is not taxable, it is not income. So, for instance, even though gifts received or 401(k) increases are not taxed, they still count as income, as do untaxable military allowances, such as BAH and BAS, or VA disability payments. One’s tax return is the starting point for determining income, not the end of the inquiry.

This section explores some of the quirks in income, so click on the links below for more information on various income situations, including:

Interest & Dividends

Capital Gains

Rents & Royalties

Employee benefits, such as health or retirement contributions.

Overtime/second jobs

Business Income

Gifts

State benefits (social security, unemployment, etc)

Pensions/retirement income

Trust Income

(Note - this section is under construction, so the links will become live as the articles are written).

More Information

Understanding Military Pay, in the Military Divorce Guide.

Have a CO divorce or custody case? Black & Graham can help.

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