The amount of child support along with other details related to child support and child custody will be outlined in your divorce decree. However, there may be times when a modification of child support becomes necessary.
Here are some myths related to child support modifications.
It’s not possible to modify child support
Child support modifications are possible. Just because your child support amount has been defined in your divorce decree does not mean that it has been set in stone, and can never be changed. The law does recognize that there may be a change in circumstances somewhere down the line that could require a change in child support terms. The change in circumstances could mean the need for either a decrease or increase in child support payments.
Child support modifications are automatic
Child support modifications are not automatic. In other words, the law will not automatically take into consideration inflation, the rising costs of child care and day care, or other factors before it decides to increase the child support amount that you have to pay, or that you are owed. If you want a modification in your child support payments, you must file a petition for modification. Speak to a lawyer about how you can do this.
Child Support Payments are retroactive.
Child support payments are not retroactive. In other words, if believe that your current situation does not allow you to make the kind of child support payments that you have been ordered to make, you must immediately file a petition for modification. The longer you delay, the more expensive it can be for you because even if the court does issued an order for modification of child support payments, that action will not be retroactively applied. It will not apply to the payments that you have already made to the parent of your child before you filed the petition.
For help filing a petition for modification of child support, speak to a Colorado family lawyer.