Contrary to popular belief, a Colorado family law court's child custody orders will not be completely set in stone. Certain scenarios may present themselves in which either the payer of child support or the recipient can apply to change the amount that is paid.
In most cases, the circumstances that result in a child support modification like this will represent a significant change -- either in the financial needs of the receiving parent and child, or in the financial condition of the paying parent.
What might result in a change in your child support?
You and your ex can arrive at an out-of-court agreement to change your child custody payments; however, in order to finalize the change, you will need to gain the approval of a family law judge. Also, if you can't come to an agreement with your ex, you can file a request with the court that holds jurisdiction over your child support orders. The court will hold a hearing in which it will consider both your arguments and your ex's arguments regarding the child support modification.
Here are the changes in circumstances that could inspire a court to award your request to receive more child support money:
- The paying spouse has received a significant increase in income.
- The receiving spouse has received a significant decrease in income.
- Either parents changed jobs which resulted in a significant income change.
- The cost of living has increased dramatically.
- You have become disabled and this has affected your income.
- Your child requires more money for his or her care due to a medical, or other, reason.
- You are going through a temporary financial hardship.
Do you need to apply for a child support modification?
The success of your child support modification request will depend on your circumstances and how you go about arguing for the change. The more you know about the circumstances that will inspire a judge to grant your change in child support, the better chances you'll have of success.