How do I modify my Child Support?

If you are seeking to modify your current child support order, our team of experienced attorneys can help assess your case.  

Child support can be modified at any point after it is ordered by the Court, however, the Court will look for a number of changes to the circumstances from when it was originally established.  When child support is originally established, the Court roughly considers how many overnights each parent has per year, how much gross income either parent makes per month, and other child-related expenses such as daycare, extraneous medical expenses, and medical insurance costs for the child/children.  Reference Link  

Sometimes, we can achieve a change to child support by agreement, which could require an agreement to be filed with the Court. Oftentimes, we have to file a Motion asking for that modification.  The Court can retroactively modify child support back to the date that a Motion is filed by either party that establishes a need for the change (either increase or decrease)  pursuant to Colorado Revised Statute 14-10-122.  

The court will also consider a change in child support if there is a prior agreement to change parenting time and retroactively modify the support amount.  Keep in mind, this must be an agreement by both parents, but also the Court may look to ensure that this was in writing.  A text message or email can be ‘writing’ sufficient to make this argument to the Court.  

Generally, the Court looks for a 10% or more change to the amount that either party currently pays in support in order to make a change.  The change also has to be substantial and continuing. For example, a significant change in parenting time and how many overnights a party has with the children each year, can prompt a continuing change which would warrant a change in the current child support amount. 

The Court considers overnights with either parent as one of the factors (besides income) as a means to modify child support. So, if you have had a recent change in parenting time, you may qualify for a change in your child support.  A change of income by either party could also be a substantial and continuing change which would warrant a change in child support.   If you would like to preview whether you may qualify for a change in child support, please visit the Family Support Registry’s Payment Calculator.