Child Support Modification

The Marriage Zone: Child Support Modification
By Christopher C. Meyer
©March 2008

Child support can always be modified if certain conditions are met. This is the case whether child support is initially determined by a Court, or by agreement of the parties. This article assumes that all the parties and the children are living in Colorado, and that the current child support order was made by a Colorado Court. If your child support order was made by a Court in another state, a Colorado Court may not be able to change the order.

In order for child support to be modified, there must be a “substantial and continuing change in circumstances”. A substantial change is defined as a change of more then 10% of the current amount. For example, if the amount of the current order is $100 per month, to qualify, the change has to result in an increase or decrease of at least $10.

The change in circumstances must also be continuing. If you are temporarily laid off, you probably won’t be able to get your child support modified, because there is a good chance you will be going back to work soon.

The type of change that usually results in a modification involves a change in the incomes of the parties. If the change in the incomes of one or both of the parties will result in more than a 10% change in the amount of the child support, the amount will be modified. Another typical circumstance often resulting in a modification involves emancipation of one of the children. For child support purposes, “emancipation” means that a child has turned 19 years of age, or has become self-supporting.

Child support calculations are income driven. An increase in your expenses does not mean you are going to be eligible for a modification. For example, if your income does not change, and you buy a bigger house with a bigger monthly mortgage, it does not mean you are going to be eligible to have your child support modified, even though your disposable income has significantly decreased.

If you are eligible for a child support modification, it pays to act swiftly. The modification will be made retroactive only to the date your motion to modify is filed, and not earlier.

Good luck with your child support modification, and remember to get your motion filed promptly.

This article is for informational purposes and does not constitute legal advice concerning your case.



Chris Meyer is an attorney practicing family law in Monument. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.