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Modification of Child Support in Colorado

Lesson Summary. In general, an existing child support order can be modified whenever changed circumstances result in a change of 10% or more. The changes must be substantial and continuing. Be careful about agreeing to a retroactive change in parenting time - to avoid being charged thousands of dollars in back child support. If permanent orders do not provide differently, Colorado child support terminates when the child reaches age 19.

A child support order may be modified (increased or decreased) if a proposed amount because of a substantial and continuing change of circumstances would result in a change of 10% or more.

A change of 10% or more creates a rebuttable presumption that the change should be made. This is based on the computer model of the child support guidelines, using the financial resources of the parties as they exist at the time of the filing of the motion for modification. The changed circumstances have to be substantial and continuing. The changes can be based on changes in income or changes in expenses such as medical insurance coverage or medical expenses. CRS §14-10-122.

Any modification cannot be made retroactive prior to the dating of the filing of a motion, unless there has been a mutually agreed upon change in physical custody. In other words, if the father and mother have agreed to a change in the number of overnights prior to the motion, then the new child support order can be retroactive in accordance with that agreement.

Under new law, child support will terminate when a child reaches age 19, without the need for a motion to modify. Notice must be given. As long as the permanent orders do not provide otherwise.

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