In the state of Colorado, either parent can request a modification to an existing child support order. However, there are conditions that must be met in order for the modification to take place. For example, there must be substantial changes in circumstances that are not temporary. Modification to the current child support will be considered if the current dollar amount of the support has changed by at least 10 percent or medical support has either changed or never was ordered to begin with.
What Conditions Must Be Met to Request a Change to Child Support?
- One (or more) of the children on the order has been emancipated.
- Either parent has had a change in their income amount (up or down).
- There has been a significant change in child related expenses e.g. day-care, insurance, medical expenses
- The number overnights i.e. parenting time has changed.
- Amount of the child support order must increase or decrease by 10%
Ways to Change an Existing Child Support Order
- By Filing a Motion to Modify Child Support (Court)
- By Child Support Enforcement Unit’s process called “review and adjustment” (County)
Motion to Modify Child Support
You can file a motion to modify child support with the court that has the authority to change the current order. You may want to talk to/retain a knowledgeable attorney in order to the best plan moving forward with getting a modification to the current order.
The Review and Adjustment Process (if there is a Child Support Services (CSS) case)
You may send a written request to your County’s Child Support Enforcement Unit and explain why the current child support should be changed including any supporting documents for income and expenses.
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