Child Support Modification Attorney

The attorneys at Philip Goldberg PC represent parents facing modification of child support. We have extensive experience in every facet of the modification process. If you are facing a child support modification proceeding, contact our office to schedule a consultation.

Modificafion of Child Support in Colorado

A child support order may be modified upon a showing of substantial and continuing change in circumstances of the parties. Generally, the party seeking modification has to show that the change in circumstances results in a 10% or greater change in the monthly child support obligation.

We work with clients to ensure they understand the modification process, gather the evidence required for the modification proceeding, and present our clients’ positions to the court in the most persuasive manner possible.

What is Modification of Child Support?

Modification of child support is simply a change to any part of the child support order, including the amount or duration. The court follows specific child support guidelines to determine the need for change based on either party’s request due to significant changes in circumstances.

The court works to obtain an outcome that meets the child’s best interests.

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Schedule a consultation to discuss your family law issue.

Requirements for Child Support Modification

The requesting party must complete the proper documentation for modification, including the required motion and financial data. The court only allows requests to modify child support for specific situations.

When a change of the child’s physical care occurs, whether court-ordered, voluntary, or mutually agreed upon, the court may modify or terminate the existing child support order as of the date of change in the physical care.

The court allows modifications for other changes in circumstances. However, the party seeking the change generally must show that the adjustment in circumstances results in a 10% or greater impact on the monthly child support obligation.

Reasons for Modification Requests

  • The child has been legally emancipated or no longer lives with the receiving party

  • A significant change in either party’s income
  • The costs to provide for the child changed, like with daycare expenses
  • The number of overnight visits with the non-custodial parent significantly changed
  • If the court did not include a provision for medical support, like insurance coverage, deductibles, copays, or unreimbursed medical expenses.

How A Family Law Attorney Helps with Child Support Modification

Child support guidelines are complex, and requesting a modification to the current child support order requires a clear understanding of the statutory factors and procedural process required for modification.

Our attorneys have extensive experience in child support modification proceedings, including modifications based on changes in financial circumstances, changes to the parenting plan including relocation, changes to the child’s health insurance coverage, and unforeseen extraordinary expenses for the child. We will:

  • Explain the entire process so you fully understand the factors involved and what the judge will expect from each parent
  • Assist with drafting and filing the motion (or response to the motion) to modify child support
  • Gather financial information and prepare your financial disclosures
  • Help you understand and analyze the other parent’s financial information and circumstances including calculating income from self-employment, determining voluntary unemployment or underemployment, assessing taxable income based on the vesting of stock options or restricted stock units, analyzing income from trusts and other estate planning vehicles, and multiple other issues
  • Prepare and present your case at mediation and trial

Contact us with questions or to schedule a consultation.

Modification of Child Support FAQs

Yes, but you do not need to file the motion to modify child support. Instead, both parties file a stipulation with the court. The court reviews the stipulation and decides whether to approve the changes. If approved, the changes go into effect.

If you do not file through the court, the paying party will remain legally responsible for the existing child support obligations. The best approach to protect all involved, including the children, is to file correctly through the courts.

We work with clients to file a stipulation to modify child support in Colorado.

Generally, a child support order lasts until the child reaches age 19 unless the child gets married or enters into active military duty prior to age 19. The court may continue support beyond age 19 if the child is still in high school or an equivalent program or is unable to care for himself or herself due to mental or physical disability.

In Colorado, the death of a parent does not end child support obligations. Sometimes, the court orders security to ensure that support is paid after the death of a parent. The most common form of security is life insurance. If there are insufficient funds in the deceased parent’s estate to pay the remaining support obligation, the surviving parent can make a claim against the estate. The surviving parent may also be able to collect from other sources, such as Social Security survivor benefits.

Child Support Family Law Attorney

Philip Goldberg PC is a family law attorney serving clients in the Denver Metro area. He has vast experience working on cases involving child support and child custody. With extensive legal knowledge and a focus on compassion, he works to achieve outcomes that meet the needs of his clients and their children.

Contact our office to schedule a consultation to discuss your family law issue.