Colorado Springs Modification of Child Support

Can I Modify Child Support in Colorado?

As a general rule, once a child support order is entered, it remains in place for that child until they turn 19. Child support and other obligations usually terminate when a child turns 19. There are some specific situations (such as a child having a mental and/or physical disability) that may extend child support beyond that age or terminate it earlier.

Many parents discover that as time passes, the existing child support order may need to be adjusted. Either parent can petition to modify child support upwards or downwards. Unless and until a court order is entered, the child support obligation will not change.

When Child Support Can Be Modified

Under Colorado law, child support can be modified if:

1. There is a “substantial and continuing” change in circumstances; or
2. The current order does not have a provision for medical support (i.e., health insurance and payment of unreimbursed medical expenses).

If the amount of support owed would change by 10%, that may be considered a substantial change in circumstances. Keep in mind that this change would have to continue to justify a modification of child support. A temporary or short-term change in income or expenses, such as working a lot of overtime for a few months, wouldn’t be considered a continuing change. If these changes last for a longer period (such as a year or longer), then it would likely suffice.

Importantly, the 10% change applies to the support that is owed, not to a parent’s income. Colorado uses the income shares method of determining child support. This formula takes into account the gross income of both parents, any income that the child might have, the number of overnight visits that each parent has with the child, expenses like daycare and insurance, and other child support or spousal support orders in place. 

With this information, a court will determine the combined basic child support obligation for the child, which is an estimate of what both parents would spend on the child if they lived in the same household.  From there, a court will use the child support calculation worksheet to determine support obligations based on the number of overnight visits that each parent has with the child annually. 

Because of the way that child support is calculated in Colorado, a 10% change in income wouldn’t necessarily result in a 10% change in a child support obligation. For example, consider a situation where Mary and Bob have a combined monthly income of $15,000 and share one child. Their basic child support obligation for that child would be $1,584 per month.

Mary and Bob each earn $7,500 per month. Mary is the primary custodial parent, so Bob will pay 50% of the basic child support obligation, or $792 per month. If Mary’s income decreased by 10% to $6,750 per month, then the child support obligation would decrease to $1,524 per month. Bob’s child support obligation would increase slightly to 53%, which would result in a payment of $807.72 per month. This is less than a 10% increase, so Bob could not seek a modification of child support.

Of course, a change in income isn’t the only reason to petition for a modification of child support. Many families experience situations where their expenses increase or decrease significantly, such as when the kids are old enough to no longer require daycare or if a child is diagnosed with a mental and/or physical disability. These changes might be significant enough to warrant a modification of child support.

Determining When A Change In Support Is Appropriate

One question that many parents have is how they would know if a change in child support is appropriate. After all, if you aren’t in a relationship with your ex, you might not be privy to the details about their finances. Under Colorado law, parents are required to exchange information on changes that are relevant to child support calculations. Typically, a parenting plan will contain a clause that provides for the exchange of financial information, including actual expenses for the children. 

It is also important to think through the cost of filing for a modification of child support versus the potential gain. Litigation can be both expensive and stressful. For many people, going through the court system for $20 or $30 a month in additional (or less) child support simply isn’t worth it.

When a child support order is modified, other provisions of the order can also be changed. This can include items such as health insurance, the cost of extracurricular activities, and which parent claims the minor child as a dependent on their taxes. These additional changes can significantly affect a parent’s financial situation, so they are an important consideration when filing for a change in child support.

It isn’t always easy to know exactly when you should request a modification of child support, particularly given the complexity of Colorado’s child support guidelines. Our Colorado Springs family law attorneys advise parents who are seeking a reduction or increase in child support for their children. We will walk you through your options and help you decide if it makes financial, emotional, and legal sense to petition for a modification of child support.

When Is a Child Support Modification Order Effective?

In most cases, child support modification will go into effect the day the petition was filed, which means that the child support payment will be adjusted moving forward. They are usually not retroactive.

Exceptions That Affect The Effective Date

There are some limited exceptions where a child support order will not be effective as of the date of filing.

Undue Hardship Or Substantial Injustice

First, if the court finds that it would cause undue hardship or substantial injustice not to do so, then a child support order may not be effective on the date that the petition was filed. This exception is extremely hard to prove and is rarely applied. Importantly, it will not make a child support order retroactive. 

Instead, the undue hardship exception would move the effective date up in time to a point between the filing of the motion and the date of the court order. Again, this type of order is unusual. It may be possible if litigation dragged on for an extended period of time, but you should be aware that proving undue hardship is challenging.

Change In Physical Custody

The second exception to the general rule occurs when there is a change in physical custody. In this situation, the child support modification will be effective as of the date of the change in custody. This may mean that the child support modification will be retroactive, depending on the date of the custody change. 

For example, a set of parents agree that a child will move their primary residence from the mother’s house to the father’s house on January 1. The father becomes the primary custodial parent as of January 1 under this arrangement. If the father files for a modification of child support on June 30 of that same year, the order will be retroactive to January 1. 

If a child support order is retroactive, it can only go back in time by 5 years. This means that, in most cases, the longest period of time that a child support modification can be retroactive is 5 years. There are some situations where the retroactivity can be longer than 5 years if the court finds that it would be substantially inequitable, unjust, or inappropriate to apply this rule.

In the example above, imagine that the parents agreed to the custody change because their child was experiencing significant mental health challenges that the mother could not handle. The father is overwhelmed by the difficulty of helping their child and does not file for a modification of child support until 7 years after the custody change. In this situation, a court might find it unjust to limit the retroactive child support change to 5 years.

If you are considering seeking a modification of child support in Colorado Springs, our law offices can help. Our Colorado Springs child support lawyers can advise you of your legal rights and options based on your unique circumstances.