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Child support modifications

by Tanis McGonegal Family Law
Aug 17, 2015

On behalf of Cooper & Tanis, P.C. posted in divorce on Monday, August 17, 2015.

Divorced parents in Colorado sometimes have concerns about child support obligations. While support issues are typically addressed at the time of divorce, there are situations in which the amount of support issued may be subject to revision through an order modification.

In today’s unstable economic and employment climate, it is not unusual for a noncustodial parent to experience an adverse change in financial circumstances. This can make it difficult for that parent to meet court-ordered support obligations. Similarly, custodial parents may lose a job or take a pay cut, which may mean that they need a temporary or permanent increase in support. In such cases, parents may seek to work together to develop a mutually agreed-upon modification order.

One issue that is often important when seeking a change in child support is determining which court has jurisdiction over the case. If both parents still live in the state where the divorce was originally granted, there is usually no difficulty deciding where to file the request. While the Uniform Interstate Family Support Act addresses this issue, there are situations where both parents have moved to different states and, because the parents may have joint custody, the children themselves may have residence in more than one state.

Parents who are seeking a modification order and are concerned about jurisdiction may benefit from talking with an experienced divorce attorney. The attorney may be able to review the case and original support agreement. In addition, legal counsel may also be able to assist in determining jurisdiction and ensuring that the request is filed in the correct state.

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