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CO HB1385

Bill

Status

Passed

5/24/2018

Primary Sponsor

Dylan Roberts

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Origin

House of Representatives

2018 Regular Session

AI Summary

  • Requires courts to consider federal tax deductibility of spousal maintenance when determining maintenance awards in dissolution, legal separation, and invalidity proceedings.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Finance4/27/2018
Judiciary4/12/2018

Full Bill Text

No bill text available