It is possible to modify child support orders in Colorado if circumstances have changed since the original order. Either parent can make the request to increase or decrease the amount of support, but there must be a “substantial and continuing” change in the circumstances of the parents or the children. If you believe you are entitled to more child support than you are receiving or that you are paying too much, it’s important to speak to an experienced Denver family attorney to discuss filing for a modification of child support.
What Circumstances Justify a Modification?
Many things can change that might justify a modification of child support, but these are the most common:
- Change In Income such as a parent losing a job or getting a substantial salary increase. It must be shown that a decrease in income was not created intentionally to reduce child support obligations;
- Additional Children Are Born;
- Change in Daycare or Insurance Costs;
- Child’s Evolving Special Needs/Need For Special School;
- Emancipation of Child by getting married, joining the military, or turning 19.
It is important to remember that you can never modify child support due to additional expenses you have voluntarily taken on, such as purchasing a new home or taking costly vacations. These are just examples, so it is important to discuss your specific circumstances with a Denver, Colorado family law attorney.
The Child Support Modification Process in Colorado
The motion to modify support must be submitted to the court where the prior order of support was established. In some cases, your Denver family law attorney can negotiate with your child’s other parent and agree to a modification. Either way, the filing must be accompanied by a sworn financial statement regarding current assets, income, and debt with supporting documentation. A child support worksheet with calculations that shows why the change in child support is necessary must accompany this filing. The court has 49 days from filing to review your application, schedule a hearing, or decide the matter without a hearing.