Child Support orders are modifiable when there is either a “Stipulation to Modify Child Support” or a “Motion to Modify Child Support” is filed. After a motion is filed, the court will review the request and it is possible that there may need to be a hearing with you and your ex-spouse before any modifications are approved.
How is Child Support Calculated?
The Colorado Courts use a set formula to calculate child support, however there are various factors that are also considered before determining a set amount. While this calculation is based on statutory guidelines, it is still extremely complex. Some of these factors are:
- Gross income of both parents
- Number of overnights the child spends with each parent
- Expenses such as health insurance and daycare
When will the Courts Modify Child Support?
When deciding to modify child support, the courts must consider if there are “substantial and continuing” changes in circumstances. The change in circumstances must amount to at least a 10% increase or decrease in the current child support order. Some examples of this include increased income, new medical expenses for the child or children, and a change in overnight parenting time.
How Long will it take to Modify Child Support?
After a motion to modify child support is filed, the other party has 21 days to file a written response. After the other party has had a chance to respond and all of the appropriate documents are filed, the court will decide within 49 days to grant or deny the motion to modify.
The Colorado Courts have a convenient tool to help you calculate child support. If you believe that a modification is appropriate, use the following link to calculate child support: https://www.familylawsoftware.com/download_client_edition_co/index.html
Contact the Drake Law Firm Today
Child Support can be very contentious and complex. For any questions regarding child support or potential modifications, reach out to the Drake Law Firm today by giving us a call at 303-261-8111.