23rd Mar 25 3:18 am
JamieSome of the most common questions about child support relate to whether, how, and under what circumstances child support orders can be changed. The rules vary by state, but in general Colorado courts may order a change in child support when either parent’s financial situation has changed significantly since the original child support order was entered and that change in circumstances is not expected to be temporary. Parents in the Denver area may be able to get answers to their questions about modifying child support by scheduling a consultation with Colorado Divorce Law Group. Call (720) 593-6442 to find a time.
Guidance from the Colorado Office of Economic Security, Division of Child Support Services, states that a child support order in Colorado can be modified “at any time.” While this is technically true, courts typically try to discourage frequent modifications, as well as requests to modify child support based on trivial or transient factors. To assist individuals in evaluating whether it may be time to file a motion to modify child support in their particular circumstances, the Colorado Judicial Branch sets out some general criteria for modifying child support.
Applying these criteria to your own situation may help you determine whether modifying child support is a logical next step. A Colorado court may consider modifying your child support order when:
If the child support order does not include provisions for how each child’s medical or dental expenses will be covered, then a court may modify the order even if there is no substantial and continuing change in circumstances. Otherwise, you may wish to use the Colorado Child Support Calculator, also provided by the Judicial Branch, to estimate whether a recent change in your circumstances is likely to result in a change of 10% or more in the amount of child support payments.
The Division of Child Support Services also observes that you may have a strong case for requesting a modification of child support orders if:
Taking a look at your existing child support order may make sense if it has been at least three years since the most recent change, since many families do find that their incomes and the costs of raising a child will change somewhat over time, even without any obvious change in circumstances (such as a new job) that would prompt either parent to revisit their child support arrangements.
Adjusting child support in light of a change in parenting schedules may also be a reason for modifying child support payments – be aware, however, that the change in parenting time will likely need to be both “substantial” and “continuing” (i.e., not a short-term adjustment in parenting responsibilities). An experienced family attorney with Colorado Divorce Law Group may be able to help parents in the Denver area assess their legal options for modifying child support.
Parents struggling to meet their court-ordered child support obligations, or on the other hand those struggling to cover the costs of caring for their child with little financial contribution from the child’s other parent, sometimes confuse seeking an order to modify child support in their situation with filing an appeal of the court’s child support decision. If you find yourself in a situation where your current child support arrangements are not working for your family, understanding the difference between child support appeal vs. modification may put you in a stronger position for evaluating your legal options.
One of the most common scenarios for appealing child support comes in the context of a divorce appeal. In this instance, the specifics of the child support order would be one of the elements – perhaps the only element – of the judge’s decision granting the divorce that the party filing the appeal asks the appellate court to review. However, child support orders may also be issued outside the context of a divorce case (for instance, when the parents were never married). Orders for child support entered independent of divorce proceedings may also be eligible for appeal, and when eligible can generally be expected to follow the same rules that would apply to appealing child support orders in a divorce case.
These rules are strict, and the timeframe for filing an appeal is especially tight; generally speaking, you will need to file your Notice of Appeal within 49 days of the original order. Assuming the notice has been filed within the allotted timeframe, it will then need to be supported with court transcripts and a brief from the party filing the appeal explaining why they believe the judge made an error in the original order, and asking the Court of Appeals to review the lower court’s decisions. Appeals courts will not hear new evidence in the case, but may send the matter back to the judge who issued the appealed order with instructions to consider some aspect of Colorado law that was not addressed in the original decision.
Unlike an appeal, a request for modification of child support is not based on – and therefore does not require the filing party to prove – any error in the original decision. Instead, a request for modification asks the court to issue a new order for an updated child support amount. The submitted request will need to be accompanied by documentation showing why the adjustment is needed. The specific documents needed can vary somewhat, depending on the circumstances, but in general both parents can expect that in any proceedings concerning child support they will likely need to complete and sign a Sworn Financial Statement. This document helps the court to assess the validity and applicability of any estimates reached through the child support calculator.
Initial child support proceedings in Colorado may be established under either of two portions of the state’s legal code:
Proceedings to request enforcement of existing child support orders may similarly be initiated under either C.R.S. § 26.13 or C.R.S. § 5.17. The process with which you are familiar may differ slightly depending on how your initial order was achieved, so bearing these different routes to the same essential goals in mind can help to ward off unnecessary confusion as you navigate a request to change child support orders in your case – whether your orders were initially the result of Children’s Code proceedings, or part of the child support determination in a Colorado divorce under Title 14.
Once an order for child support has been entered in your case, a request for modification will typically be filed with the court that issued the original decision. There are two main ways to make this request: By filing a Motion To Modify Child Support, which one party files to request a change without the other parent’s agreement, and a Stipulation To Modify Child Support, which the co-parents submit jointly if they agree on the change. The forms have a great deal in common, as do the associated filing fees – but if you and your co-parent are able to file the request by stipulation, then you can often avoid the series of court hearings that often follows a motion by one parent that is disputed by the other.
If you are a parent in the Denver area struggling with child support that is too high to pay on your income, or too low to cover your child’s expenses, you have likely wondered about your options for modifying child support. Whether your case is eligible for a modification will depend on a number of factors, beginning with whether you can establish a substantial and continuing change in either parent’s circumstances. Sometimes determining whether asking a Colorado court to modify child support orders in your case can be more complicated than it may first appear, so you may wish to speak with an experienced family law attorney who can help you evaluate your options. Call (720) 593-6442 to schedule a consultation with Colorado Divorce Law Group today.
