Modifying a child support order requires legal steps to ensure the change is valid and enforceable. Child support modifications are allowed under certain conditions, such as changes in income, custody arrangements, or child-related expenses. Understanding how and when to request a modification can help ensure compliance with Colorado child support laws.
When Can Child Support Be Modified?
A child support modification can be requested at any time after the original order is issued, but the Court only approves modifications when a significant change in circumstances has occurred.
When setting a child support order, the Court considers:
- Parenting time (overnights per year) – The number of nights the child spends with each parent.
- Gross monthly income of both parents – The Court evaluates wages, salary, and other sources of income.
- Child-related expenses – Daycare, healthcare, school tuition, and insurance coverage.
A modification may be necessary if there are changes in any of these factors.
How to Request a Child Support Modification
By Agreement Between Parents
Some modifications can be handled through an agreement between both parents. This can streamline the process, but the agreement must still be filed with the Court and approved to be legally binding.
Filing a Motion for Child Support Modification
When parents do not agree, the next step is filing a formal Motion for Child Support Modification. The Court may approve retroactive modifications back to the date the motion was filed, in accordance with Colorado Revised Statute 14-10-122.
Common Reasons for Child Support Modification
A child support review is generally considered under these circumstances:
- Changes in parenting time or custody – A parent taking on more or fewer overnights.
- Significant income increase or decrease – One parent loses a job or gets a higher-paying position.
- Substantial changes in child-related expenses – Increases in medical costs, daycare, or education expenses.
- A 10% or more change in child support payments – If the calculated amount differs significantly from the current order.
If parents make informal adjustments to parenting time, the Court may consider modifying child support if there is written documentation, such as emails or text messages.
Factors the Court Considers for Child Support Adjustments
The Court evaluates various factors before approving a modification, including:
- Changes in parenting time – An increase or decrease in overnights for either parent.
- Financial circumstances of both parents – Any substantial, ongoing income change.
- Child’s best interests – The modification must ensure continued financial support.
How to Calculate a New Child Support Amount
Before filing for a child support adjustment, use the Family Support Registry’s Payment Calculator to estimate potential changes. This tool provides a general idea of whether a modification is necessary based on current income and custody arrangements.
Steps to Take Before Requesting a Modification
- Gather financial records – Pay stubs, tax returns, proof of childcare or medical expenses.
- Review the current parenting plan – Document any changes in custody or visitation.
- Consult a family law attorney – Legal guidance ensures a proper modification request.
- Prepare to file a Motion with the Court – If no agreement is reached, a formal filing is necessary.
Get Legal Help for Child Support Modification
A modification request must follow legal procedures to be valid. Contact experienced child support lawyers to schedule a FREE consultation and discuss options for adjusting a child support order.