Capital Gains in Gross Income?
When modifying child support in Colorado after a divorce has been finalized, capital gains are not automatically considered in computing gross income for purposes of the Child Support Guidelines. Instead, when considering capital gains from the sale of property awarded in a property division pursuant to a dissolution of marriage, the court shall include in gross income only those capital gains realized from post-property-division appreciation in the property. So, only the increased value after finalization of the divorce should be considered in the calculation. Careful analysis of valuation at the time of the divorce is required in this assessment. This approach provides for recognition of income from appreciation after the property division without rewarding or penalizing a party for changes in asset value that occurred prior to the property division. Read entire option here: In Re Upson, 991 P.2d 341 (Colo.App. 1999).
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