Colorado Child
Support Modification
Individuals paying or receiving child support often have
questions concerning their ability to modify the child
support payments that were originally ordered by the Court.
Process for
modifying child support in Colorado
Child support
payments are always modifiable if certain conditions are met
to the satisfaction of the Court.
-
You MUST
file a Motion for Modification with the Court. This is
true even if the child has reached the age of
emancipation (adulthood).
-
In most
cases, child support was originally determined using a
pre-determined formula (child support worksheet). The
Court will NOT consider a Motion for Modification unless
there is at least a 10% change in the child support
owing under the formula.
-
You may NOT
change child support payments unless and until the Court
orders a modification.
-
The newly
modified payment, if ordered by the Court, will be
retroactive to the date the Motion for Modification was
filed with the Court.
Factors
considered for modification of child support in Colorado
The court will hear evidence from both parties and decide as
a matter of fact if the couple is married under common law.
Some of the evidence that may be presented to prove a common
law marriage includes:
-
A
significant change in income to either party
-
A change in
parenting schedules
-
A child has
reached the age of emancipation.
-
Financial
circumstances have significantly changed due to the age
or activities of the children.
If you would like to ask one of
our attorneys a question about modification of child support
in Colorado or skip that step and
come in for a consultation,
we encourage you to do so sooner rather than later. The
longer you wait to speak to a Colorado family law attorney
the higher your chances are of inadvertently giving up your
legal rights.
Find out more about why Matthews &
Matthews are the right for Colorado child support
modification issues.
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