Child Support Modification
The Denver child support modification attorneys at Plog & Stein, P.C. have extensive experience handling modifications of child support and custody. In fact, many of our cases focus on adjustments required to meet constantly changing needs. We understand that many child support orders require recalculation as employment and financial circumstances change and are devoted to helping families relieve some uncertainty by modifying their child support obligations. Our legal team can take care of all the details so you have less to worry about.
Colorado Revised Statute C.R.S. 14-10-122 allows either parent to request modification if there has been a "substantial and continuing change in circumstances" since the last order was entered. Remember that the court retains power over child related financial issues, even after a divorce or custody case has ended, until the minor reaches 19 for child support purposes. This means that the court can modify support orders to reflect a "change" in either parent's financial position or as certain child expenses change. This change must impact the monthly amount of child support due by 10% or more.
Of course, many factors contribute to this 10% variable, including changes in:
- Either parent's income
- Good faith career change
- Overnight visitation rights
- Changes to overnight visitation
- Loss of employment, disability
- Primary custody, residential status
- Cost of health insurance, day care, etc.
For example, if a parent making $100,000 per year and paying $500 per month in child support is demoted, resulting in a decreased salary of $50,000 per year, this would change the monthly amount by at least $50, meeting the required standard of 10% or more.Changes in Custody & Visitation Affecting Child Support
In Colorado, "parental responsibility" means custody and visitation or "parenting time.” Visitation or parenting time may affect child support. In some cases, support decreases incrementally with the non-custodial parent's number of overnight visits increasing or the closer "parenting time" approaches 50/50. But an "equal" 50/50 time split does not necessarily mean $0 child support. As our child support modification attorneys can explain to Denver residents, visitation is only one factor and income still plays the primary role. It should be noted that parents cannot withhold visitation if the other parent is not paying child support. Custody and visitation are separate issues and time with kids should not be "divided" for money.Do Not Wait to File a Modification Request!
While it is important to seek legal counsel first, do not delay too long in filing for modification in hopes that a drop in income or job loss is only "temporary." A few weeks with no new job should be sufficient to demonstrate a “continuing change,” as required by statute. It is crucial to act quickly so that your child support payment reflects this change. Modifications take time and the changed amount only begins on the date you filed the request, not when your personal circumstances started to change. An experienced Denver child support modification lawyer can advise you of your legal options and ensure timely filing of your modification request.Discuss Your Case Personally With a Lawyer
We have helped numerous parents battle for entry of appropriate child support orders, whether recipient or payer. To protect yourself and your children during a significant financial change, seek legal advice as soon as possible. Our firm provides stellar representation at affordable rates.