November 15, 2017

Can Child Support Change?

With over 34,000 Domestic Relations cases filed in Colorado in 2016, a fair number of those cases involve minor children. When divorce cases with children or child custody cases happen, the Courts will generally order child support to be paid from one party to the other. However, the financial snapshot that was originally used to determine the child support in the beginning of your case can and may change from either the paying party or the receiving party.How to Modify Colorado Child Support: Under Colorado Revised Statute (CRS) section 14-10-122, child support can be modified as to installments that accrue after the filing of a motion for modification of child support. The party (Mother or Father) requesting the change in support has to show a “change in circumstances so substantial and continuing” as to make the terms unfair. Less than a 10% change in the amount of support due per month is considered not to be a substantial and continuing change of circumstance. For example, if the monthly child support obligation is $500, in order to modify it, there must be more than a $50 increase or decrease in the requested change.

Change in Physical Care of the Child: Colorado Revised Statute (CRS) section 14-10-122 paragraph (5) says that if there is a voluntary or mutually agreed upon change in physical care of the minor child or change in parenting time then child support will be modified back to the date when the physical care occurred. Think about, it makes sense that if the child is spending more time with one parent over the other based on a change, then why would child support stay the same. I have been in child support cases where judges have said that when support stays the same, but parenting has significantly change, then one parent is receiving a windfall.

The Process: When a parent files a motion to modify child support, the other party (Respondent) will have 21 days to file a response to the motion. In my experience, the courts will order the parties to attend mediation before having a hearing on the modification of child support. Both parties will be required to fill out new and updated sworn financial statements and provide updated financial disclosures to the other party. Basically, you need to provide document proof of your financial snapshot to show there has been a “change in circumstances so substantial and continuing” as to make the current support amount unfair.

Changing support for the children can be a daunting process. The Colorado Springs Child Support Lawyers at Springs Law Group are skilled in the process of modifying child support and excellent communicators with their clients. We believe in helping you walk through the process step by step. If you are thinking about changing your child support, reach out to Springs Law Group at (719) 299-5777.

Christopher Nicolaysen is a Family law Attorney who practices in Colorado Springs, CO. He graduated from Denver Sturm College of Law, and has been practicing law for several years now. Christopher Nicolaysen is passionate about helping you solve your family matters. Learn more about his experience here.

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