Have Circumstances Changed After Your Divorce?
Child support can be modified after divorce if there is a substantial change in your financial circumstances. Parenting time can also be changed, as long as two years have elapsed since your divorce decree or the last modification. As your lawyer, I will explain the law to you and help you make timely modifications.
Here are some examples of times when you can obtain a post-divorce decree modification to a parenting plan or child support order in Colorado:
- You lose your job: Child support payments may be lowered.
- You are forced to take a lower paying job: Child support payments can be reduced if the change in child support is at least 10 percent.
- You are promoted or receive a pay increase: Child support payments can be increased if the change in child support is at least 10 percent.
- A child wants to live with a different parent: Your parenting plan can be changed. However, since changes can only be made once every two years, it’s best to make the change on a trial basis before you permanently change the parenting plan. Many children in the early teen years have a desire to live with the other parent to get to know him/her and after approximately six months will desire to return to the first home. If your parenting plan changes, child support can also be recalculated based on the new custody, parenting time, arrangement.
- If a custodial parent relocates: This requires a change to the parenting plan either by agreement of the parties or court approval.
- If a parent hides income or assets: Child support can be recalculated. If hidden income or hidden assets are discovered within five years after the divorce decree, the marital property settlement can be changed.
It’s important to consult a lawyer and obtain a court order before you change child support payments. If you stop or reduce child support on your own, you could be found in contempt of court.