Child support can be modified any time there is a change of circumstances that is “substantial and continuing.”
Before January 1, 2017, Colorado law provided that the court could order, or the parties could agree, to exchange financial information yearly. Effective January 1, 2017, all parties are required to exchange financial information at least yearly. The purpose of this exchange is to update and modify child support without a court hearing.
A “substantial and continuing” change means at least a 10% change in the amount of child support that is due each month. For example, if the current child support obligation is $600 per month, the new amount must be less than $540, or more than $660, per month for the court to order a modification.
The modification is only effective for child support obligations that arise after a motion to modify is filed. Therefore, it is important that you file the motion as quickly as possible after learning of the circumstances that will change the child support amount. The only exception to this rule is if there is a change in physical care for the child. For example, assume the parties share parenting time equally, but Dad gets a new job in another state. As of March 1st, the parties agree to change parenting time so that the child will stay in Colorado with Mom, but will spend vacations and school breaks with Dad. If Mom does not file a motion to modify child support until June 1st, the court can still retroactively change child support to March 1st.
If you think that your child support amount should be modified, it is important that you act quickly and without delay. Call Katelyn to discuss your needs today.
