Once your divorce has been finalized and you receive the final decree, you may think that all orders are set in stone. This is not always the case. While property division typically will not change, things such as child custody, child support, and alimony can change.
Many parents do not know that they can get a child support modification. But yes, child support amounts can change over time because finances can change. The economy goes up and down. People lose jobs. Inflation has been ridiculous. It can be hard for many people to survive, and sometimes there just is not enough money for food, rent, and child support. If one of those has to be cut, it is likely to be child support.
You should review your child support order every few years, as things do change. For example:
- The child may have left the home or become emancipated, so neither parent is caring for them.
- The income of either parent has changed.
- The costs of raising the child have changed (for example, health care and daycare expenses may increase over time).
- The number of overnight visits the child has with a parent has changed.
Keep in mind, though, that either parent can request a modification. The custodial parent could ask that the noncustodial parent pay more child support if they are made aware that the parent has gotten a raise or a higher-paying job. Or perhaps the parent has won the lottery. These are situations in which child support payments may actually increase.
Reasons for a Child Support Modification
A child support modification can increase or decrease the amount of child support you pay each month. You may want to see about lowering your payments if you have experienced any of the following:
- You are laid off or fired from your job.
- Your income decreases.
- The other parent’s income increases.
- There are custody or visitation changes.
- Your family size changes.
- You become disabled.
- You go to jail or prison.
- You are deployed to active military service.
Keep in mind that quitting a job is not a valid reason for requesting a child support modification. Under Colorado law, both parents have a duty to stay employed to the best of their abilities.
Filing a Modification
It is possible but not common for both parties to agree to modify the existing child support order. If they do, the process is much easier. They still have to file a stipulation with the court that ordered the original child support obligation. The court will review the proposed changes. If they approve it, the modified child support obligation will take effect.
If the other parent does not agree to the change, you will have to let the court decide. You will need to go through the process of filing a modification, which means you will need to reopen your child support case. In some cases, mediation may be required. This is often a stipulation in child support orders, so check your current orders.
You must make the request in writing at the county child support office handling your case. Include the Income and Expense Affidavit, supporting documents, and the reason for the change in your request. You may need additional forms and documentation based on your situation, so contact an experienced family attorney for help with your case.
It can take up to six months to review and change a child support order. Following the review, the child support order may go up or down. It may not change at all.
The standard for modifying child support is a “substantial and continuing change in circumstances.” There must be a change in financial circumstances that would make the child support change by 10% or more.
The state allows for retroactive child support modification, which means the change can be made retroactive to the date the modification was filed. This is why it is important to request a modification in a timely manner. It can save or gain a person thousands of dollars.
Contact Us Today
Raising a child can be expensive. Plus, many people experience financial issues due to job loss, medical issues, retirement, and other life events. Modifications may be necessary at some point.
Do not just stop paying child support. Seek legal help from the team at Tanis McGonegal. We will help you file for a modification. Call (303) 465-4605 or fill out the online form to schedule a consultation with our office.
