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A child support order is issued in response to the circumstances at the time of the order. Of course, the fact that a child support order is issued does not mean that nothing will ever change. Life carries on, circumstances change.
In Colorado, parties cannot agree to make child support non-modifiable. To modify a child support order there has to be a “substantial and continuing” change in circumstances. This means there would be at least a 10% difference in the existing child support order. Some examples of “substantial and continuing” changes are:
A parent has lost his or her job;
A parent has increased his or her income substantially;
The child has special needs that must be paid for;
A change in child custody and visitation;
Reduced day care costs as the child gets older;
Fewer supported children when one child emancipates.
A judge will ordinarily modify child support retroactive to the date the motion to modify child support was filed unless a court finds that it would cause undue hardship or substantial injustice, or there has been a mutually-agreed change in physical custody.
If your circumstances have changed, it is important for you to file a motion to modify child support with the court – especially if your income has been reduced. If you fall behind your payments, you will still be held accountable for paying child support based on the existing order.
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I appreciated that not only did Will know law like I know my colors, but he was a counselor as well and guided me through the process. I was nervous many times but was able to fully out my trust in what he was doing and I couldn't be happier. I will continue to refer people to him as o hear of those needing assistance.
Going through a challenging divorce is hell, your team had my back and represented me with a solid council. I have my daughters and got to stay in Colorado with them. I cannot thank you enough.