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CO HB1385
Bill
Status
5/24/2018
Primary Sponsor
Dylan Roberts
Click for details
AI Summary
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Requires courts to consider federal tax deductibility of spousal maintenance when determining maintenance awards in dissolution, legal separation, and invalidity proceedings.
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Establishes different calculation methodologies for maintenance awards based on whether payments are tax-deductible or non-deductible under federal law, with adjustments ranging from 75-80% of calculated amounts for non-deductible payments depending on income levels.
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Applies 1.25 multiplier to alimony or maintenance payments and receipts that are not tax-deductible for federal income tax purposes when calculating adjusted gross income for both spousal maintenance and child support.
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Declares that the December 2017 Tax Cuts and Jobs Act does not constitute a substantial and continuing change of circumstance for purposes of modifying maintenance orders entered prior to the law's effective date.
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Requires courts to make findings regarding whether maintenance awards are federally tax-deductible and to consider equitable allocation of tax burden between parties as a factor in determining maintenance amounts.
Legislative Description
Domestic Relations Changes Due To Federal Tax Law
Last Action
Governor Signed
5/24/2018