{"id":371935,"date":"2019-08-01T13:15:02","date_gmt":"2019-08-01T18:15:02","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/colorado-law\/colorado-child-support-modification.html"},"modified":"2025-03-12T16:46:27","modified_gmt":"2025-03-12T21:46:27","slug":"colorado-child-support-modification","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/colorado-law\/colorado-child-support-modification.html","title":{"rendered":"Colorado Child Support Modification"},"content":{"rendered":"\n
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Colorado Child Support Modification<\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Colorado law recognizes that an increase or decrease in a child support obligation<\/a> is sometimes necessary. To adjust the amount of child support payments, the parent seeking a change must show a substantial change in circumstances that makes the terms of the current child support order unfair.<\/p>\r\n

A child support modification can also be granted if the existing child support order does not address who will cover the child’s medical expenses. But any adjustment requires submitting a formal modification request to the court, as child support can’t change without a new court order.<\/p>\r\n

The Basics of Child Support Modifications in Colorado<\/b><\/h2>\r\n

While it can seem like it should be a simple thing to change a child support order, understanding when a court is likely to grant a motion to change child support can be difficult. Below are some basics you should know when deciding to change your child support order significantly.<\/p>\r\n\r\n
Statute<\/th>\r\n

Colorado Revised Statutes (C.R.S) Section 14-10-122<\/a><\/p>\r\n<\/td>\r\n<\/tr>

Child support guidelines<\/th>\r\n

As with the initial child support order, courts will use child support guidelines<\/a> to determine any new child support order, although they can increase or decrease the guideline amount if there is a good reason to.<\/p>\r\n<\/td>\r\n<\/tr>

What is a substantial change?<\/th>\r\n

Any new amount of child support must change by at least 10% or it is not considered substantial.<\/p>\r\n

For example, an annual raise by one parent will not justify a modification until the increases add up to a 10% change under Colorado\u2019s current guidelines<\/a>. Beyond that, it is up to the court to decide whether a change in circumstances meets the definition of substantial.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

What if Parents Agree to a Change in the Support Amount?<\/b><\/h2>\r\n

Since support orders don’t change without a court order, unofficial agreements to modify the amount of support can backfire. Child support<\/a> is always due in full and on time. A verbal \u2014 or even written \u2014 agreement between the parents won’t change that without the court getting involved.<\/p>\r\n\r\n
Agreeing about a change<\/th>\r\n

To get an official change in child support when both parents agree it is appropriate, the parents must file a stipulation with the court. A stipulation just means that both parties have already agreed on something before filing with the court. Along with the stipulation, parents are typically required to submit a sworn financial statement<\/a> and may also need to provide an affidavit detailing their agreement and financial circumstances. The court will take all this into account when deciding whether a change is appropriate.<\/p>\r\n<\/td>\r\n<\/tr>

When only one parent wants the order to change<\/th>\r\n

If only one parent seeks to modify the child support amount, that parent must file a motion<\/a> with the court. In that case, the parent filing for the change is the petitioner, and the other is the respondent.<\/p>\r\n

If parents don\u2019t agree on whether a child support modification is appropriate, or the amount of the change, the court may set a court hearing date for both sides to present arguments.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

If parents don’t agree on whether a child support modification is appropriate, or the amount of the change, the court may set a hearing date for both sides to present arguments.<\/p>\r\n

When Does a Modification Take Effect?<\/b><\/h2>\r\n

A modification takes effect after the motion is filed. It does not begin on the date of the change of circumstance.<\/p>\r\n

For example, if the parent paying support becomes disabled and subsequently seeks to decrease the child support amount owed<\/a>, the change would take effect on the date the paying parent filed a motion with the court, not the date the payor became disabled. This means it is important to file for a modification as soon as possible after the change in circumstances.<\/p>\r\n

Common Reasons a Court May and May Not Change Child Support<\/b><\/h2>\r\n

Requests to change child support are common. While there is no guarantee a child support order can change, below are a few examples of instances when a change is and is not appropriate.<\/p>\r\n\r\n
When is a modification appropriate?<\/th>\r\n
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  • A job change with different pay<\/li>\r\n
  • Increased medical expenses<\/li>\r\n
  • A change in number of overnight stays by the child.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
When is a modification not appropriate?<\/th>\r\n