Modifying Child Support
The Colorado Child Support Guideline recognizes that the amount of money available to support children, as well as the costs associated with children can change over time. The guideline allows for a recalculation of the appropriate support amount when the increases or decreases in costs and incomes of the parents would result in a different child support order. A legal action to change the amount of an existing child support order is known as a modification and begins with the Motion to Modify Child Support.
How to Modify Child Support?
A child support order can only be changed when one of the parents brings it to the attention of the court. If the life circumstances of either parent changes significantly, child support payments can be modified for a specific period of time or permanently.
According to the Child Support Guideline a "substantial and continuing" change in a parent’s circumstances must result in at least a 10% difference, up or down, in the existing child support order. The way to find out if your new circumstances meet this 10% threshold is by going back to the Child Support Worksheet and calculating child support again using any new expenses or deductions. After the new calculation is finished, compare the new result to the existing order to see if there is a difference of 10 % or more. If there is, you can file a Motion to Modify Child Support.
The next steps depend on whether the motion to modify is contested or uncontested. As long as the child support modification is reasonable, the court will almost always approve uncontested motions to modify, usually without a court appearance. Obtaining a modification of an existing child support order when the other parent does not agree is more difficult, but it can be done without an attorney. In either case, each parent will need to fill out new Child Support Worksheets and Sworn Financial Affidavits.
Motion to Modify Child Support
A motion to modify child support requires the necessary modification of child support form which properly indicates the new evidences relating to the changes in circumstances. Essentially, the motion to modify a child support order or judgment is the same with a supplemental petition for modification of child support in that it asks the court to make some changes in the existing child support order.
For more information, please click here: Colorado Modifying Child Support
Colorado Child Support Guideline
This six-page informational document gives a broad explanation of the Colorado Child Support Guideline detailed in the Colorado Statutes. It defines income and expenses, and discusses how to complete the necessary worksheets.
For more information, please click here: Colorado Child Support Guideline
Colorado Child Support Forms Online (previews)
Child Support Guideline in Colorado
(Revision Date: 1/1/2011)
Child Support Obligations in Colorado
(Revision Date: 1/1/2011)
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