Navigating Child Support Modifications: What You Need to Know

Child support orders in Colorado are enforceable, with consequential methods such as wage garnishment, interception of tax returns, driver’s license suspension, and criminal charges. But judges understand that sometimes circumstances change beyond an individual’s control. Instead of failing to pay child support and falling into arrears, petitioning for a modification of child support is a better strategy and avoids legal repercussions. Child support recipients may also petition for a child support modification if they or their child experiences a substantial change in financial circumstances or need.

Before you consider filing for a modification of child support orders, it’s important to understand when a court grants modification requests and how the child support modification process works in Colorado.

Before deciding whether to request a modification, it’s also important to understand seven things you should know about failing to pay child support in Colorado, since unpaid support can quickly lead to serious enforcement actions even when financial hardship exists.

When Can I Seek a Child Support Modification?

A parent may file a petition for child support modification any time after the original judgment. A post-judgment modification of child support seeks to increase or decrease the monthly support amount in the original judgment made during a divorce case or for unmarried parents. Courts in Colorado will only consider granting a child support modification when the change in circumstances is serious. According to Colorado’s instructions for modifications, a judge may grant a modification only when there has been a “substantial and continuing change in circumstances… and the change in circumstances must amount to a 10% increase or decrease in the current child support order.”

Parents may also seek a child support modification if there has been a change in their child custody schedule.

Common Reasons Payors Seek Child Support Modifications in Colorado

Colorado courts issue child support orders because all parents have a legal obligation to provide for their children; however, when circumstances significantly change, the court will consider modifying orders because the financial information that determined the initial order has changed. Common reasons paying parents seek modifications of their child support orders include the following:

• They’ve lost a job and become unemployed
• Their work hours were reduced through no fault of their own
• They lost their job and took a new position with lower pay
• They’ve become disabled and can no longer work in their previous capacity or at all

Any of the above reasons may result in a greater than 10% decrease in pay, so a judge in Colorado Family Court is likely to approve the request.

Common Reasons Child Support Recipients Request Child Support Modifications

Child support recipients may also file petitions for modification of child support orders when they’ve experienced a substantial long-term change in need. Common reasons for recipient requests include the following:

• They’ve become unemployed and the existing child support order isn’t enough to properly care for the children
• The parent lost a job and took a new position with less pay
• They’ve had their hours or wages reduced through no fault of their own
• The parent has become disabled and can no longer work in their previous capacity requiring a greater amount of child support
• A child has experienced an increase in need due to a medical condition or special education need

If the child support recipient’s number of child custody days increases they may request a modification. The number of parenting-time days each parent has with the children is part of the formula to calculate child support in Colorado.

How Do I Request a Child Support Modification in Colorado?

A Fort Collins child support lawyer can help you file a petition to modify child support. The request must be filed with your district court and include sworn financial statements, a copy of the existing order, and the motion to modify child support. The other parent will be served a copy of the petition to request a modification. If the other parent does not agree to the change, then both parents must attend a hearing with their attorneys present and the judge reviews the request before making a decision.

Steve Vertucci has dedicated his entire legal career to family law, helping clients through some of the most difficult times in their lives with thoughtful strategy and passionate advocacy.