Modification of Child Support

Posted on June 4th, 2018

Despite society’s deep inclination towards strong family ties and bonds, there is no denying that people have loosened a bit in terms of keeping traditional norms and virtues. Gone are the days when everyone saw marriage as something sacred, and in turn, particular concerned parties like children take up much of the damage. Children of separated couples are then left with what could be the greatest dilemma of their young lives. Without a strong hold of their future, children definitely need financial help from both of their parents to ensure they can still enjoy a great life ahead of them. Because of this pressing conflict, governing bodies have integrated child support laws to provide financial help for these children.

In layman’s terms, child support is an obligatory financial provision given by a particular parent to his or her child after separation of the parents. It is meant to be an ongoing financial obligation and should be dutifully met by both parents in the an effort to continue to provide for the child until the child reaches the age of 19 in Colorado. More information on child support is available here.

In Colorado, the Court will look at several things when determining the appropriate child support amount to order one parent to pay the other. The Court will look at the number of overnights that each parent has with the child(ren). In addition, the Court will look at each parents gross monthly income, costs incurred for the children’s health care insurance coverage, daycare expenses, extraordinary expenses incurred on behalf of the child(ren), and any non-joint children cared for by the parents. In some instances if a parent is unemployed, and there is no mental or physical disability that would prevent that parent from working full-time, the Court may find that the parent is voluntarily unemployed and the Court may calculate child support based upon what that parent is capable of earning, regardless of the actual income received.

Modification of the current child support obligation is warranted if there is a substantial and continuing change in circumstances that would result in more than a 10% change in the current monthly support obligation. The substantial and continuing change could be caused by several things including an increase or decrease in the number of overnights a child spends with one parent, an increase or decrease in the expenses related to the child (healthcare premiums, daycare expenses, etc.), or an increase or decrease in a parents income.

Any modification of child support requires attention and a carefully presented case. Are you considering applying for child support modification? Contact Pollart Miller LLC’s Colorado family law team. We are always here to answer your questions and help you seek the best interest of your children.