When you are going through a divorce where children are involved, it can get complex. You will need to go through a few extra hurdles before your divorce is finalized, including child support. Child support can be a pretty complicated topic, especially when the child support amount may need to change. So, what does happen if you need to make a child support modification in Colorado?
Do I need to report a raise?
To make a child support modification in Colorado, courts require a “substantial and continuing” change. This change can include a change in income, especially if you get a raise or lose your job. Because this language is sort of murky, the courts have further defined what they mean by a substantial change when it comes to income. If you have a raise of 10% or more, that would be defined as substantial. It is important to note that this is just a guideline and the courts may decide a lower amount is substantial enough for a change.
The change in child support can go both ways and will depend on which parent got a raise in income. If the parent paying child support got a raise, the amount of the child support payment will likely increase. However, if the parent receiving child support gets a substantial raise, the parent paying the child support may have their payment decrease. If you are considering a child support modification in Colorado, courts will review these changes carefully to determine if an adjustment is necessary.
If you want to see how your or your ex’s raise will affect your child support, check out the Divorce Matters Calculator App.
Understanding Child Support Modification in Colorado
Colorado law aims to ensure fairness and financial stability for children. Child support payments are determined based on a variety of factors, including both parents’ incomes, childcare costs, and the child’s needs. However, life circumstances can change, which is why child support modification in Colorado can be updated based on substantial changes in circumstances.
How do I get my child support updated?
Changes in child support payments are not automatic. There are two ways child support can be modified. The first is through an annual assessment. In Colorado, parents are supposed to reassess and recalculate their child support agreement “once a year or less.” This reassessment will be based on changes in income, parenting time, and other factors, like child care and living expenses. If there have been no changes to income, parenting time, etc., then the annual reassessment is not required.
If a change has occurred, however, the court requires this annual reassessment. Both parents have a duty to report any changes that have happened over the previous year. This is supposed to make it more difficult for either parent to hide information, especially an increase in income, from the other parent. If you are pursuing a child support modification in Colorado, courts will look at all financial changes before making a decision.
The second way child support can be modified is through a request to the court to modify the child support order. If your ex does not agree to your modification request, the court will request a hearing to determine the appropriate course of action. Afterward, the court will issue an order either modifying your existing child support order or denying the request to do so. If you are seeking a child support modification in Colorado, legal professionals can help guide you through this process.
Additional Considerations for Child Support Modification in Colorado
When filing for a modification, documentation is crucial. You should be prepared to provide pay stubs, tax returns, and any other financial records that demonstrate your income change. Additionally, if you believe your child’s financial needs have increased due to medical expenses, educational costs, or extracurricular activities, these can be factors the court considers.
Another important aspect to consider is parenting time. If one parent has increased or decreased their parenting time significantly, this may impact the amount of child support owed. So, courts will evaluate these changes to ensure the child’s best interests are met.
If you are self-employed, a contract worker, or a business owner, child support modifications can become more complex. While the same rules apply regarding a “substantial and continuing” change in income, proving your net income can be more challenging. Courts will assess whether fluctuations in income are temporary or part of a consistent financial trend. For example, a seasonal spike in business revenue may not justify a modification, whereas a steady increase in client contracts could. If you are self-employed and considering a child support modification in Colorado, keeping thorough financial records and demonstrating consistent income trends will be crucial in making your case.
Am I entitled to back pay?
If your request for child support modification in Colorado is approved, you will generally get child support back pay to the time you filed a request for a change with the court. It will not apply prior to the time of filing. For example, if your ex gets a raise in August, you file a Motion to Modify Child Support in October, and the Motion is approved in December, you are entitled to “back pay” beginning in October. You are not entitled to back pay for August and September before the Motion was filed. This means that it is important to request a change with the court as soon as you know that there is a change.
If there is back pay, it will not be due all at once. Instead, it will be summed up and paid over the next two years. For example, if you are owed an extra $200 in child support for October and November, you won’t receive $200 in December. Instead, you will receive an extra $8.33 a month for the next two years.
Contact Divorce Matters®
If you believe your child support agreement needs to be updated and are seeking a child support modification in Colorado, Divorce Matters® attorneys can assist you with the legal steps necessary to ensure a fair outcome. Understanding your rights and responsibilities when it comes to modifying child support is essential for ensuring your child’s financial stability.
Contact us if you have any questions about modifying your existing child support agreement or would like to speak to an expert child custody attorney today!