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Child support modifications for a change in income

Colorado parents who pay child support might wonder what to do if they have a change in jobs that results in a lower income. This could make meeting their obligations difficult or impossible.

If there is a legally binding child support order in place, the parent must apply through the court system for a modification of the amount. This must be done even if both parents agree to the change. Legally, the parent will still owe the support until the court approves the modification, and the modification is not retroactive. This means that the parent will continue to owe the same amount until the approval, so it may be important for the parent to apply quickly for the modification.

If the income of the parent who pays support increases, the parent who is paid the support may also seek a modification for higher payments. There are a few other reasons for requesting a child support modification. For example, if a parent is disabled or incarcerated, if the child's needs change significantly or if the cost of living increases significantly, there might need to be a modification.

Family law allows for the possibility that circumstances may change over the years after a divorce not just in terms of awarding child support but when it comes to other issues such as child custody. For example, if a custodial parent has to relocate, the child may wish to remain in the area and live with the other parent. Other changes may not require a change, and when it comes to many disputes, judges would prefer that parents find a way to work out a conflict rather than returning to court each time an issue arises.

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Cooper, Tanis & Armas, P.C.
42 Garden Center
Broomfield, CO 80020