Life’s full of surprises—some welcome, some not so much. Maybe you just lost your job, got a big promotion, or suddenly need to cover unexpected medical expenses for your child. If your child support order no longer fits your current situation, Colorado law allows you to ask the court for a modification—so that support stays fair for everyone involved.
At Denver Divorce Attorneys, we’ve walked thousands of Colorado parents through this process. We understand firsthand how it can feel confusing or overwhelming, but with the right know-how and support, it becomes manageable. Let me take you through how it works, common reasons for modifying child support, and most importantly, exactly how we help you every step of the way.
When Can You Change Child Support?
Colorado law requires a “substantial and continuing” change in circumstances before the court will consider modifying child support. In practice, this means the difference in support must generally be about 10% or more or less compared to the current order.
Real-Life Scenarios That Meet This Threshold
- Job Loss or Pay Cut: Rachel was paying support but lost her job because her employer closed. Suddenly, that $1,200 monthly payment was impossible. She reached out to us promptly, and we helped her file a modification motion proving her income dropped by more than 50%. The court adjusted her payments starting from the filing date, easing her burden without neglecting her kids’ needs.
- Significant Raise or Bonus: On the flip side, Mark had been paying support based on a $50,000 annual salary but earned a promotion doubling his income. He wanted to ensure his children benefited fairly. We worked with him to update income records, showcase the substantial raise, and successfully increase support to reflect the new financial reality.
- Unexpected Child Expenses: When Sarah’s son was diagnosed with a chronic illness requiring expensive therapy, she needed an updated support order to cover medical costs. We helped gather detailed medical invoices and insurance statements to document these ongoing expenses. The court recognized this as a material change and approved an upward modification.
- Changes in Parenting Time: After John’s children began spending significantly more nights with him following a custody rearrangement, he asked us to help modify the support order accordingly. The court recalculated amounts factoring in overnights, reflecting the fair sharing of financial responsibilities.
Important to Know: No Retroactive Changes
Many parents are surprised to learn that modifications generally aren’t retroactive (there are always exceptions). If you experience a change today but wait six months to file, the support amount only adjusts from the filing date forward—not the prior months. That’s why acting quickly is crucial.
How DOES the Modification Process Work? (Spoiler: We Make it Manageable)
Changing a child support order might sound complicated, but it doesn’t have to be overwhelming—especially when you have a team like Denver Divorce Attorneys by your side. Here’s a clearer picture of each step you’ll face, plus how we specifically help you navigate them smoothly.
Step 1: Talk to the Other Parent (If You Can)
Before diving into court filings, it’s often wise to try discussing the change with your co-parent. Many couples find that an honest conversation can resolve things quickly without legal hassle.
- Why this matters: Courts often appreciate when parents cooperate—it can speed up the process and reduce conflict.
- How we assist: We help you approach this conversation in a calm, constructive way. Whether that means drafting a letter explaining your reasons or coaching you on effective communication, we prioritize preserving civility.
- If you reach an agreement: We’ll prepare a stipulated modification—a joint request signed by both parents—that the judge reviews and hopefully approves, which usually speeds things up.
But remember, both parents’ agreement alone doesn’t change support—only a judge’s signed order makes it official.
Step 2: File the Motion to Modify
If talking doesn’t work, or the other parent disagrees with the amount, it’s time for the legal process. Filing a Motion to Modify is an official request to the court to change the support order.
- What’s included in the motion? Along with your reasons, you must submit proof supporting the change—a key part of making a persuasive case. Typical evidence includes: pay stubs, termination notices, bills for new child costs, or custody orders.
- Why this filing date matters: Colorado courts apply changes only from the date the motion is filed going forward—no retroactive adjustments aside from rare exceptions. Acting promptly helps avoid financial gap issues.
- Our role: We meticulously prepare every document, ensuring forms are fully and accurately completed to avoid delays. We also help collect and organize evidence so that your motion presents a clear, compelling story.
- Practical tip: Many parents overlook certain expenses or sources of income—our experience helps catch these details so your motion accurately reflects your situation.
Step 3: Court Review
Once the motion is filed, the court reviews whether the circumstances justify a change. Here’s what judges consider:
- Is there a substantial and continuing change? (Usually meaning a 10% or more difference in support amount.)
- Has the financial picture shifted? Verified incomes, new expenses, and custody adjustments all factor in.
- Are the child’s best interests served? The court’s ultimate goal is fairness and meeting the child’s needs.
- What we do: We prepare detailed financial affidavits and updated child support worksheets, aligned with Colorado law (C.R.S. §14-10-115), so judges can easily see the facts and numbers behind your request.
- We anticipate any potential objections or gaps the court might flag—and address them proactively in your filings.
Step 4: Hearing (If Necessary)
Many modification cases require a hearing where both parents can present evidence and make their case.
- What to expect: Judges listen to each party’s explanation, review evidence, and may ask questions about finances or parenting time.
- How we help you prepare: We don’t just provide legal counsel—we guide you on how to explain your situation clearly and calmly, how to stay focused on facts rather than emotion, and what documents to bring. We also prepare you for potential questions the judge might ask.
- Mediation if necessary: In some cases, especially when conflict is high, the court requires parents to attempt mediation. Our attorneys have years of experience representing clients in mediation, helping negotiate fair outcomes without going to trial.
Step 5: Judge Issues a New Order
If the court agrees your case meets the legal requirements, the judge issues a new support order.
- What this means: The new amount replaces the old one as of your filing date and is legally binding.
- Why this matters: You have certainty and peace of mind knowing your financial obligations (or entitlements) now reflect your current reality, giving you financial stability.
- Who we are going the extra mile for: We don’t just help get the order signed—we walk with you to understand how ongoing obligations will look, helping plan your budget or adjust financial priorities accordingly.
Bonus: Staying on Top After the Modification
Child support isn’t always “set it and forget it”—life keeps moving. We advise our clients:
- Keep updated financial records handy in case another change comes up
- Continue open communication, if possible, with co-parents
- Reach out to us at Denver Divorce Attorneys for advice if you foresee further changes
By planning ahead, you can avoid surprises and keep your child’s financial support aligned with your family’s needs.
What Should You Prepare Before Filing?
Preparation is key to success. Here’s what we recommend—and help clients gather—to build a strong case:
- Income Verification: Recent pay stubs, tax returns, unemployment documentation, or proof of new jobs.
- Child-Related Expenses: Receipts for daycare, medical bills, therapy, schooling costs, and insurance premiums.
- Custody Details: Updated parenting plans or court custody orders showing changes in time spent with the child.
- Financial Calculations: We assist clients in running updated child support calculations using Colorado’s official worksheets to quantify differences.
Importantly, until the court modifies your support order, continue paying the current amount unless otherwise directed by the judge. This shows good faith and keeps you from falling behind.
Why Trust Denver Divorce Attorneys?
Experience matters. Our attorneys collectively have over 20 years practicing family law in Colorado, consistently guiding clients through child support modifications with success.
April Jones, a veteran attorney on our team, notes:
“Every modification case is unique. We pride ourselves on individualized attention—digging into the details, helping clients gather every piece of evidence needed, and managing deadlines so nothing falls through the cracks.”
Beyond expertise, we strive to be approachable and trustworthy. As one client, Alan, shared:
“Working with April and the team made a stressful process manageable. They were honest, responsive, and knowledgeable—exactly what we needed.”
Our firm’s track record of positive outcomes and client satisfaction is something we wear proudly.
Fair Support for Your Changing Life
Child support shouldn’t feel like an immovable burden. Life changes, and support orders should keep up to reflect real-time needs.
If you’re experiencing a major change—in income, parenting time, or your child’s needs—don’t hesitate. The sooner you act, the better your chances of obtaining a fair adjustment.
At Denver Divorce Attorneys, we’re here to help you understand your options, prepare a rock-solid case, and guide you confidently through the legal steps.
Ready to take the next step? Contact Denver Divorce Attorneys today for a consultation. Let us put our experience to work for you and your family.
