Colorado Child Support Modification

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2026 LAW UPDATE: Colorado’s child support guidelines changed significantly on March 1, 2026 under HB 25-1159. The 93-overnight threshold has been eliminated, the income cap raised, and support schedules updated for the first time since 2014. If your order predates March 1, 2026, the new formula may produce a materially different result. This page reflects current law.

Child support orders are not permanent. When income changes, parenting time shifts, or a child’s financial needs evolve, the order that made sense at the time of your original case may no longer reflect reality. Colorado law lets either parent request a modification. There is a defined threshold, a formula-driven calculation, and a timeline that matters. The Drake Law Firm helps Colorado parents navigate that process without the drama and with a plan.

Whether you are paying more than your income supports, receiving less than your child needs, or living under an order that predates the 2026 guideline update, the question is the same: does your current order still hold up? This page explains how to find out and what to do about it.

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The Legal Standard: Substantial and Continuing Change

Colorado child support may be modified only upon a showing of changed circumstances that are substantial and continuing, under C.R.S. 14-10-122(1)(a) ^[1]. Both conditions must be met. Substantial means the change is large enough to produce a meaningful difference in the calculated support amount. Continuing means the change is not temporary.

The statute provides a concrete benchmark: under C.R.S. 14-10-122(1)(b) ^[1], a change is deemed substantial when applying the current child support guidelines to the new circumstances would produce a difference of at least 10% in the monthly support obligation, up or down.

What this means in practice: if you can run the current guidelines with updated income figures and parenting time, and the result differs from your existing order by 10% or more, you have a statutory basis for modification. If the difference is less than 10%, the change is not considered substantial, and the court will not modify the order on that basis alone.

The continuity requirement matters just as much. A temporary job loss, a short-term deployment, or a brief increase in overtime income is unlikely to qualify. The change must represent your actual ongoing financial reality, not a snapshot of one difficult month.

What Changed in 2026: HB 25-1159 and Why It Matters for Your Order

On March 1, 2026, Colorado’s most significant child support reform in over a decade took effect. House Bill 25-1159, signed by Governor Polis in May 2025, amended C.R.S. 14-10-115 ^[2] and changed how support is calculated in three important ways. The three major changes:

The 93-overnight threshold is eliminated. Under the prior law, parenting time below 93 overnights per year received no credit in the calculation. Every overnight now reduces the paying parent’s obligation proportionally, through a graduated formula. The financial incentive to fight over the 93-overnight line no longer exists.
The combined income cap increased from $30,000 to $40,000 per month. For higher-income families, support is now calculated on a wider schedule range before judicial discretion is required.
Support schedules updated for the first time since 2014. The prior schedule was based on 2010 economic data. The new schedule reflects 2023 cost-of-living data, which means recalculated amounts will often be higher than existing orders, even without a change in income or parenting time.

The law is not retroactive. An existing order does not change automatically. But if you file a motion to modify and the new guidelines produce a result that differs from your current order by 10% or more, you have grounds for modification. For parents with orders entered before March 1, 2026, this is worth calculating immediately.

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If your order predates March 1, 2026, call us. We can run the updated numbers with you and tell you whether you have grounds to file. (303) 261-8111 or schedule a consultation online.

Common Reasons Colorado Parents Seek a Child Support Modification

Any of the following can be the basis for a modification when the resulting support difference meets the 10% threshold:

Significant income change, including job loss, a raise, a new job at a different salary, or a move from employment to self-employment
Change in parenting time, particularly when the number of overnights changes materially from the arrangement reflected in the original order
Changes in the child’s financial needs, such as new medical expenses, changes in childcare costs, or significant educational expenses
Health insurance changes, including a parent gaining or losing coverage, or the cost of coverage changing substantially
A parent becoming voluntarily underemployed or unemployed, in which case the court may impute income based on earning capacity under C.R.S. 14-10-115(5)(b.5) ^[2]
The child reaches a milestone that affects the order, such as an older child turning 19 (when Colorado child support terminates for that child), which may require recalculating for remaining children
A prior order that predates the March 2026 guideline update, which alone may produce a 10% or greater difference when recalculated under the new schedule

What does not qualify: minor fluctuations in income that are temporary, routine cost-of-living adjustments not tied to a change in income, and disagreements about how existing support is being spent. The change must be real, measurable, and ongoing.

How Colorado Calculates Child Support Under the 2026 Guidelines

Colorado uses an income shares model under C.R.S. 14-10-115 ^[2]. The model estimates what an intact household at the combined income level would spend on children, then allocates that cost between parents in proportion to each parent’s share of combined adjusted gross income. The 2026 guidelines also introduced a self-support reserve. This is a floor amount of income a paying parent keeps before support is calculated, set at approximately $1,790 per month in 2026 based on Colorado’s minimum wage. Parents earning at or below $650 per month pay a flat $10 regardless of the number of children. This protects lower-income parents from orders that would leave them below subsistence level. The inputs that drive the calculation:

Both parents’ adjusted gross incomes, including wages, salary, self-employment income, bonuses, investment income, rental income, and other sources. The court looks at actual earning capacity, not just what a parent chooses to earn.
Parenting time, measured in overnights per year. Under the 2026 guidelines, every overnight a child spends with the paying parent reduces that parent’s obligation proportionally.
Work-related childcare costs, divided between parents in proportion to adjusted gross income.
Health insurance premiums for the children, with the cost allocated proportionally.
Extraordinary medical expenses exceeding $250 per child per year, split proportionally based on income.

The calculation runs through a court-approved worksheet. Courts do not guess at the number. The formula produces a presumptive amount, which courts are expected to follow. Deviation is allowed but requires written findings explaining the basis. Income is not always straightforward. Bonuses, commission income, stock vesting, and self-employment earnings all require analysis. If a parent is voluntarily earning less than their capacity, the court can impute income based on what they could earn at full-time employment. Getting the income figure right on both sides is one of the most consequential parts of a modification case.

The Child Support Modification Process in Colorado

Modifications are filed in the district court that entered the original order. Jefferson County cases are handled at Jefferson County Combined Court (1st Judicial District). Here is how the process works:

Calculate whether you have grounds. Before filing, run the current guidelines with updated income figures and parenting time. If the result differs from your existing order by 10% or more, you have a statutory basis. An attorney can help you do this accurately and spot issues with income imputation before you file.
File a Motion to Modify Child Support. The motion is filed in the originating district court and must identify the grounds for modification. Under C.R.S. 14-10-122(1)(a) ^[1], modifications only apply to installments accruing after the date of filing. Filing sooner preserves more retroactive benefit.
Serve the other parent and exchange financial disclosures. Both parents are required to provide updated financial information: income verification, tax returns, pay stubs, and documentation of childcare and insurance costs. The numbers on both sides drive the outcome.
Attempt agreement or proceed to hearing. Many modifications resolve by stipulation once both parents exchange accurate financial information. If the other parent disputes the figures or contests the modification, the case proceeds to a hearing where a judge applies the guidelines to the facts.
Court enters a modified order. The new order becomes effective and replaces the prior one. It controls until another modification is sought and granted.

Timeline: uncontested modifications with a stipulation can resolve in a few months. Contested cases, particularly those involving disputed income or imputation arguments, take longer. Do not wait to file. Every month you delay is a month the old order continues.

Timing is not neutral. A modification only goes back to the date you file. Call (303) 261-8111 or schedule a consultation online now and do not leave money on the table.

One Rule That Catches People Off Guard: Retroactivity

Colorado courts cannot modify child support retroactively before the date the motion was filed, under C.R.S. 14-10-122(1)(d) ^[1]. This rule has real financial consequences. If your income dropped significantly six months ago but you have not yet filed, you cannot go back and recapture the overpayment for those six months.

The same applies in the other direction. If you are receiving support that should have been higher for the past year, you cannot collect the difference for months that predated the filing. The modification only runs forward from when you act.

There is one exception: under C.R.S. 14-10-122(5), if both parents have mutually agreed to a change in physical care and the child has already been living under that new arrangement, the court may modify support retroactively to the date the physical care actually changed, not just the filing date. This exception only applies to agreed changes in care, not to disputed modifications. There is also a hard cap: the court cannot modify support under this exception for any period more than five years before the motion was filed. If you changed custody arrangements informally six or seven years ago and never updated the support order, the first five years of that gap is locked. The last five are potentially recoverable.

This is one of the clearest reasons not to wait. Every month without a filed motion is a month that is locked in under the old order, regardless of how much circumstances have changed.

When Both Parents Agree vs. When They Do Not

If both parents agree on the modification, you can submit a written stipulation to the court. The judge reviews it, confirms it reflects the correct guideline calculation, and enters the new order without a hearing. You skip the contested process entirely. No hearing prep, no financial disclosure disputes, no waiting for a court date. You get the order and move on.

When the other parent disagrees or disputes the income figures, the modification becomes contested. The most common flashpoints: one parent claims the other is voluntarily underemployed, one parent disputes the accuracy of the other’s income documentation, or the parties disagree on what counts as a qualifying change. These disputes require a hearing and, often, careful preparation of financial evidence.

We work toward agreement wherever it is achievable. If the numbers are clear and the other parent is reasonable, a stipulation is the most efficient outcome for everyone, including your child. If the other parent is hiding income, improperly reducing their earnings, or refusing to provide accurate financials, we are prepared to litigate. Protecting your child’s financial support is not optional.

Child Support and Parenting Time Are Connected

Under the 2026 guidelines, every overnight a child spends with the paying parent affects the support calculation. This means that a child custody modification that changes the parenting schedule will almost always warrant a simultaneous support recalculation. Filing both in the same proceeding is more efficient than handling them separately and avoids the problem of an outdated support order that does not reflect the actual parenting arrangement.

If you are pursuing a parenting time modification, ask about support at the same time. If you are pursuing a support modification, bring your current parenting schedule. The two calculations are linked.

How The Drake Law Firm Handles Child Support Modification Cases

Post-decree financial work is a core part of what we do. Child support modifications require two things at once: accurate financial analysis and strategic legal judgment. Getting the numbers right matters. So does knowing when to push for a hearing and when a well-structured stipulation serves your child better.

We handle cases in Jefferson County, serving clients in Golden, Lakewood, and across the greater Denver metro. We know how the court process works, what documentation the court expects, and how to handle the disputes that arise when one parent’s income is not straightforward.

If your order predates March 1, 2026, we can run the updated guideline calculation with you in a consultation and tell you whether you have grounds to file. If you have recently experienced a significant income change or a shift in parenting time, the same applies. You should know where you stand before you decide whether to act.

We prefer to resolve cases without unnecessary conflict. When the numbers are clear, we move toward a stipulation. When the other parent is not playing straight with the financials, we are ready to take that to a hearing. No drama. Just a straight strategy for getting your child’s support order to where it should be, so you and your family have the right foundation for the next chapter.

Rated 4.8 stars across 90+ Google reviews by Colorado families navigating exactly this kind of situation. The Drake Law Firm has earned that trust by giving people honest answers, not just the answers they want to hear.

Get the help you need. Call (303) 261-8111 or schedule a consultation online. Phone and Zoom consults available. You can also visit our physical Colorado offices.

Frequently Asked Questions

How much does income need to change to modify child support in Colorado?

Colorado statute defines substantial change as a change that produces a difference of at least 10% in the monthly support obligation when current guidelines are applied to the updated circumstances. Under C.R.S. 14-10-122(1)(b), a change producing less than a 10% difference is not considered substantial. The change also must be continuing, meaning it reflects your actual ongoing financial situation, not a temporary fluctuation.

Can I modify child support if my parenting time changed?

Yes. Under the 2026 guidelines, parenting time is directly factored into the support calculation for every overnight. If the number of overnights you have with your child has changed materially since the original order was entered, that change will affect the calculated support amount. If the resulting difference meets the 10% threshold, it is a basis for modification.

Does child support end when a child turns 18 in Colorado?

No. Colorado child support continues until the child turns 19 or graduates from high school, whichever is later, but not beyond age 21. This is a common misconception. If you are paying or receiving support and a child is approaching 19, you will need to file a motion to modify the order to reflect the reduced obligation for remaining children.

How far back can a modification go?

Modifications only apply to installments that accrue after the date the motion was filed. Courts cannot modify support retroactively for periods before the filing date, under C.R.S. 14-10-122(1)(d). There is a narrow exception for undue hardship or substantial injustice, but this rarely applies. The practical implication: file sooner rather than later.

What if the other parent is hiding income or underreporting earnings?

Colorado courts can impute income to a parent who is voluntarily unemployed or underemployed, based on their actual earning capacity. Under C.R.S. 14-10-115(5)(b.5), the court considers factors including employment history, education, job market conditions, and local prevailing wages. If you believe the other parent is deliberately suppressing income to reduce their support obligation, we can help you build the evidentiary case for imputation.

Do I need an attorney to modify child support?

You are not legally required to have one. But income disputes, imputation arguments, the 2026 guideline changes, and the retroactivity rules all create real traps for people who navigate this process without legal guidance. A motion filed incorrectly or at the wrong time can cost you months of the correct support amount. We give you a straight read from the first call on whether filing makes sense and what the realistic outcome looks like. That conversation costs you nothing. Getting it wrong does.