How Do I Modify My Child Support in Colorado?
Child support orders are not set in stone. When financial or personal circumstances change, parents can request that the court review and adjust the existing child support amount. The process of modifying child support begins with a parent experiencing a substantial and continuing change in their circumstances.
Typically, the change must alter the results of Colorado’s child support calculation by at least 10% compared to the calculation from the initial order. If a change has occurred, a parent can submit a motion to modify the child support order to the court, requesting an adjustment.
At Plog & Stein, P.C., our Denver child support lawyers have decades of experience guiding parents through the process of how to modify child support. We focus exclusively on family law, offering strategic and efficient representation in divorce, custody, and support cases throughout the Denver metro area.
Our attorneys help clients assess whether their circumstances qualify for modification and guide them through every step. Contact us today to talk about modifying your Colorado child support.
How Colorado Calculates Child Support
To understand how to modify child support, it is essential to know how Colorado calculates child support payments. Colorado uses a formula set by state law to ensure both parents share the financial responsibility for their children. The formula considers:
- Each parent’s gross monthly income, which includes wages, bonuses, commissions, and self-employment earnings;
- Number of overnights the child spends with each parent (parenting time);
- Number of children covered by the order;
- Work- or school-related daycare costs;
- The children’s monthly health insurance premiums; and
- Other necessary expenses, such as extraordinary medical costs.
Parents or their attorneys enter these numbers into the state’s official child support calculator, which produces a presumptive support amount, the baseline figure the law assumes is fair, unless special circumstances apply. Courts can sometimes deviate from that figure when a parent shows unusual financial or family needs.
Reasons to Modify Child Support
To modify a child support order, a parent must experience a substantial and continuing change in circumstances. That change must result in a difference of at least 10% in the monthly support calculation. Typically, this refers to a financial or parenting change that lasts for several months or more. Common reasons to modify child support include:
- Job loss or change in income. If a parent loses a job, experiences reduced hours, or accepts a lower-paying position, their support may need to be adjusted.
- Increase in income. Raises, bonuses, or new employment opportunities may increase the payer’s income enough to raise support.
- Change in parenting time. If the number of overnight visits changes significantly, each parent’s share of financial responsibility may shift.
- Change in child care or health insurance costs. When daycare expenses or insurance premiums increase or decrease substantially, the court may adjust support to reflect this change.
- Emancipation of one or more children. When an older child turns 19 or becomes legally independent, total support may go down, but not automatically. You must still request a formal modification.
- End or change in spousal support (alimony). Because alimony affects each parent’s income, its modification or termination can alter child support calculations.
The key question is whether the change is ongoing and large enough to meet the 10% threshold.
Even if parents reach an informal agreement, only a modification that the court approves is legally binding and enforceable. However, if a parent quits or underworks without a good reason, known as voluntary underemployment, the court will not approve a reduction in child support.
How to Modify Child Support in Colorado
To modify child support, you need court approval. If you and the other parent agree to change child support without going back to court, your agreement will have no legal effect. In that case, the paying parent owes the amount specified in the order, not the amount they informally agreed to pay. In short, only a new court order can change an existing child support order.
If you and the other parent agree about how to modify the order, you can propose that modification to the court. If your proposal aligns with Colorado law, the court may approve it without a hearing.
File a Motion to Modify Child Support
To initiate the process, you submit a formal written request to the court, known as a motion to modify child support. In the document, you request that the court review your current order and recalculate the payment amount based on your updated financial circumstances.
Serve the Other Parent
After filing, you must serve the other parent, which means officially delivering copies of your motion and supporting documents to them. The other parent generally has 21 days to respond once served.
Exchange Financial Disclosures
Both parents must provide updated financial information on forms that they sign under penalty of perjury. You must complete a sworn financial statement, which lists your income, expenses, debts, and assets. You also attach supporting documents such as pay stubs, tax returns, and proof of daycare or health insurance costs.
Attend Required Conferences or Mediation
Many Colorado counties require parents to attend an initial status conference, which is a brief meeting with the court to review the case and set next steps, before the court considers the request itself. Several counties also require parents to attend mediation, where a neutral third party helps them attempt to reach a voluntary agreement, before the court will hold a hearing.
Settle or Attend a Hearing
If both parents agree on new terms after exchanging financial information or attending mediation, they can submit the agreement to the court for approval. A judge must review and formally approve the agreement before it can be changed.
If parents cannot agree, the case proceeds to a modification hearing, where both sides present financial evidence and arguments. The judge then decides whether to modify the support amount and, if so, by what amount.
Talk to a Denver Child Support Lawyer Today
Child support modification cases often hinge on financial documentation, precise calculations, and persuasive legal arguments. The attorneys at Plog & Stein, P.C., bring decades of focused experience in family law to each case. We understand both the technical requirements of the law and how local Denver-area courts handle hearings.
If your financial situation or parenting schedule has changed, do not wait to address it. Child support orders stay in effect until the court changes them.
At Plog & Stein, P.C., we help parents across the Denver area understand their options and take the right legal steps to protect their families. Contact us today to speak with an experienced Denver child support lawyer about how to modify child support or respond to a pending motion to modify child support.
