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When Should You Request Modification of Child Support?

Updated: 10/06/2022

Est. Reading: 4 minutes

You can always change how you make your child support payments. However, since child support is a court-ordered payment you can only make the changes by going to court. If your question is when should you request a modification of child support you should probably talk to a family attorney who deals with issues of child support so you can get information about your predicament.

Even in the case where you are struggling to make the payments that you are obligated to pay it is important that at the end of every month you pay as much as you can so you can meet your obligation every month.

In the case where you happen to stop making payments the amount that you owe in child support will grow to a higher amount. Unpaid child support incurs an interest rate of 6% this means that you will owe more when you stop making payments or if you pay less than what you are supposed to pay.  Even as this is the case, what is best is for you to pay the amount that you are able to pay instead of not making any payments.

When Is Child Support Modification Necessary?

As a parent, you may need to modify a child support order in the case where your circumstances may have changed from the time when the court order was passed. For example, in the case where a parent has lost their job, they may need to request child support modification.

The Colorado courts will only consider child support modification in the case where a parent has been through a big change or is facing continuous changes in circumstance since the date when the initial order was issued in family court. Here are some of the changes in circumstance that can lead to a request for the modification of a family court order:

  • Termination of a job.
  • A chance in the circumstances of the child.
  • When there is a promotion or demotion.
  • A new job.
  • A change in income.
  • New medical needs for the child.
  • When there are changes in the number of overnight stays annually.
  • Special education needs
gavel with a child support agreement, Modification of Child Support

The above are the most common situations that a court will consider so they can accept a request for a child support modification. Even so, the change in these circumstances should not be something that the parent fabricates so they can lower the amount of child support lowered or avoid paying child support.

Before the courts make any decision they will request for there to be documentation that will show a change in circumstances. In the case where the parent is responsible for the change in circumstances such as sabotaging themselves so they can lose their job, the court will not accept a modification.

FAQ: What is spousal support in Colorado?

How Do You Ask The Courts for Child Support Modification?

In the case where you lose your job or in the case when something happens that results in a circumstance that is necessary for you to change how much you pay or receive child support payments it is important to provide information.

For you to be able to prove your present circumstances you should gather documentation that will show that your situation is different from before. The spouse that receives child support has the power to request for there to be a modification. You can request for there to be a modification if your ex-spouse has gotten a new job or if you have become more responsible for overnight stays and the other party has not offered to increase the finances.

It is necessary for you to submit your request for child support order modification in writing to the Child Support Enforcement unit of Colorado. Your signature should be on the request. In the request, you should as well have an income and expense affidavit or a sworn financial statement that will give details of your assets, income, and debts.

Also, you should state your reason for requesting the new change and state the new amount that you are requesting. The new amount should be based on calculations. You should use an official calculator to carry out the calculations. You should as well include a child support worksheet that will help in the breaking down of your calculations.

family law books, Modification of Child Support

Is It Necessary for You to Go to Court to Get a Modification?

When you have filed a motion for child support to be modified it may be necessary for you to go to court for the hearing of your request. This will all depend on the judge who is working on your case. After forty-nine days of your motion being filled the judge that is working on your case will either make these decisions;

  • They can schedule a hearing.
  • Review your motion.
  • Or they will decide on your case without a hearing.

In the case where you do not need to attend the hearing, both parents may need to appear before a judge and have the opportunity to explain to the judge why they believe the court should or why they should not modify the child support order. For a better outcome, you can opt to have a family law lawyer in Colorado Springs represent you at the hearing.

FAQ: How to get primary custody of children uring a divorce?

Do You Need a Family Law Attorney to Represent You?

It is not necessary for you to have a family law attorney represent you in your child support case. Even if this is the case if you want the best possible outcome getting a family law attorney to work on your case is your best option.

At The Law Office of Jeanne M Wilson & Associates, our Colorado Springs child support attorneys specialize in handling child support cases including child support modification issues.  We want the best for your child and your family. We know that a happy child makes a happy home and that is why we want to work with you to ensure that you have the best for your child and that your situation has the best possible outcome.

The Family law firm you can trust.

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