So your ex got a great promotion or a cushy new job. We’re sure you’re thrilled for ex-husband’s or ex-wife’s success, but the most relevant question for you is: how does this raise or promotion affect your child support payments?
In family law, whenever a divorced person or parent goes through a major change in their life (like getting a vastly higher paying job or losing a job), this is known as a “substantial change in circumstance.” When this substantial change in circumstance occurs, that means it may be time to modify the child support or alimony payments (“maintenance” in Colorado).
Unfortunately, in our experience, when one ex gets a raise, he or she will not start upping the child support payments out of the kindness of his or her heart. Usually, the other party must take legal action to make this happen.
How Can I Get My Ex To Modify Child Support?
Essentially, you have to file a suit against your spouse known as a post decree modification of child support. When a raise or promotion is involved, you can only file this suit if the amount of child support you receive would increase by 10 percent or more. Other instances where you can attempt to modify child support include:
- Losing a job
- Increase in the cost of raising the child (daycare or medical expenses)
- Emancipation of a child
- Change in the amount of overnight visits the child has with the other parent
Also, if three years have passed since your last review, you can request a new one.
Keep in mind that child support modifications are retroactive to the date of filing the motion. This means if your ex got a raise in April, you file the motion in May and it becomes finalized in June, you would only get the updated amount retroactive to May, not April. This means that the sooner you file the petition, the better.
How Can I Calculate Colorado Child Support Payments?
Figuring out your payments for Colorado child support can be extremely confusing. To make sure everything is done correctly, contact an attorney or download our spousal maintenance and child support calculator app. It’s free, and you can easily get a good idea of how much you can expect to pay or receive given your current circumstances.
Our Denver child support attorneys can explain how complex family laws apply to your situation, and fight to ensure that you are treated fairly.