Individuals paying or receiving child support often have questions concerning their ability to modify the child support payments that were originally ordered by the Court.
Process for modifying child support in Colorado
Child support payments are always modifiable if certain conditions are met to the satisfaction of the Court.
You MUST file a Motion for Modification with the Court. This is true even if the child has reached the age of emancipation (adulthood).
In most cases, child support was originally determined using a pre-determined formula (child support worksheet). The Court will NOT consider a Motion for Modification unless there is at least a 10% change in the child support owing under the formula.
You may NOT change child support payments unless and until the Court orders a modification.
The newly modified payment, if ordered by the Court, will be retroactive to the date the Motion for Modification was filed with the Court.
Factors considered for modification of child support in Colorado
The court will hear evidence from both parties and decide as a matter of fact if the couple is married under common law. Some of the evidence that may be presented to prove a common law marriage includes:
A significant change in income to either party
A change in parenting schedules
A child has reached the age of emancipation.
Financial circumstances have significantly changed due to the age or activities of the children.
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