Modifying a Colorado child support order
After the Court has issued a child support order, it may become necessary to modify that order due to changed circumstances. For instance, one or both parents may have changed jobs, become unemployed, or experienced an increase or decrease in income for any number of reasons. Also, a child may develop special medical or educational needs that were not anticipated when the child support order was first issued by the Court.
Do not take matters into your own hands
In situations like these, one parent should not simply take matters into his or her own hands by unilaterally changing the amount of child support paid. In fact, even if the parents agree to change the amount of child support, the parent paying support could find him or herself in trouble later and facing accusations of having violated the Court’s Order. Even if a child support Order is based on facts that have changed, it is still an Order that must be followed until the Order itself is changed. By acting contrary to an Order, you could risk being held in contempt of court. Instead, the parent should take appropriate legal action by asking the Court to modify the child support Order to take into account the changed circumstances.
At Ross Law Firm, an experienced Boulder child support attorney will help you determine when legal action is necessary. We take the time to thoroughly explain the process, file the appropriate paperwork, represent you at hearing, and follow through until modified child support Orders are in place.
Defending against modification of child support:
If you are the parent paying child support and the other parent unjustly claims that your child support obligation should be modified, we will represent your best interests in Court to defend you against an unfair modification of child support.
Colorado child support calculation and modification guidelines
As with the original child support calculation, Colorado Courts consider many factors when reviewing a request for modification of child support. Section 14-10-115 of the Colorado Revised Statutes contains the guidelines for child support and modification in our state. This section of the statutes is lengthy, complex, and usually requires the guidance of a knowledgeable attorney to interpret.
Before modifying a child support obligation, the court will consider many factors, such as:
- How significant are the changed circumstances?
- Is one parent asking to relocate with the child to another city, state or country?
- Has parenting time changed since entry of the original Order?
- Has a child’s educational or medical needs changed significantly?
- Has a parent lost a job, or found a better job?
- Is either parent voluntarily underemployed?
- Are there other factors that could prove that modification of child support serves the best interests of the children?
Ross Law Firm can help
Whatever your situation, if you need assistance to modify an existing child support order, or if you need to defend against a proposed change that might harm you or your child, call on Ross Law Firm to get expert legal advice about how to proceed. We will aggressively protect your rights, and fight for the proper and sufficient support for you and your children.