Colorado Child Support Modification

Colorado law recognizes that an increase or decrease in a child support obligation 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.

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.

The Basics of Child Support Modifications in Colorado

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.

Statute

Colorado Revised Statutes (C.R.S) Section 14-10-122

Child support guidelines

As with the initial child support order, courts will use child support guidelines to determine any new child support order, although they can increase or decrease the guideline amount if there is a good reason to.

What is a substantial change?

Any new amount of child support must change by at least 10% or it is not considered substantial.

For example, an annual raise by one parent will not justify a modification until the increases add up to a 10% change under Colorado’s current guidelines. Beyond that, it is up to the court to decide whether a change in circumstances meets the definition of substantial.

What if Parents Agree to a Change in the Support Amount?

Since support orders don't change without a court order, unofficial agreements to modify the amount of support can backfire. Child support is always due in full and on time. A verbal — or even written — agreement between the parents won't change that without the court getting involved.

Agreeing about a change

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 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.

When only one parent wants the order to change

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

If parents don’t 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.

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.

When Does a Modification Take Effect?

A modification takes effect after the motion is filed. It does not begin on the date of the change of circumstance.

For example, if the parent paying support becomes disabled and subsequently seeks to decrease the child support amount owed, 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.

Common Reasons a Court May and May Not Change Child Support

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.

When is a modification appropriate?
  • A job change with different pay
  • Increased medical expenses
  • A change in number of overnight stays by the child.
When is a modification not appropriate?
  • The paying parent disagrees with how existing support is spent
  • Either parent has increased expenses unrelated to the child, for example, a higher mortgage or new car payment
  • The paying parent intentionally lowered income to avoid paying child support

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Related Resources

To learn more about collecting unpaid child support, visit our child support enforcement section. You can also learn more by visiting:

Get Legal Advice From a Colorado Child Support Attorney

If you are considering asking the court to change your child support order, consulting with a Colorado child support lawyer is an essential first step. A Colorado family law attorney experienced in child support and child custody matters can advise you on whether seeking a modification is appropriate and how to navigate the child support calculation process effectively. Colorado courts require strong evidence to justify a modification, and a skilled attorney can help you present your case in the best possible light.

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