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How to Modify a Colorado Child Support Order

Friday, 17 December 2010

blog-logoOnce a couple is divorced and all the court orders are in place, it’s tempting to believe that they will never need to take legal action in family court again, but unfortunately this is not the case.  In Colorado, as in other states, there are several different post-decree divorce issues that may arise.  As a Pueblo CO divorce lawyer, I advise my clients to make every effort to enforce the terms of their agreements and modify them as needed.

One post-marital dispute that often arises is the need for child support modification.  According to Colorado law, it is appropriate for either parent to file for a modification whenever “substantial and continuing” changes have occurred in their financial circumstances.  In this case, “substantial” would mean at least a difference in 10% in how much support would be paid. 

When should you contact a Pueblo CO divorce lawyer for a modification?

Some factors that may lead to a child support modification include a significant change in household income, a reduction in daycare expenses, a new parenting schedule, shared custody, or emancipated children. 

In most cases, Colorado family court will schedule a modification hearing that will determine whether the support order will change, but keep in mind that no matter how far off this hearing is, any changes to the support order will be retroactive to the date of filing.  The only exception to this is when the court finds that a retroactive judgment would cause undue hardship or substantial injustice. 

Processing a modification in child support - or any other type of post-decree issue - can be quite tedious and time consuming, but a Pueblo CO divorce lawyer can help.  Contact the attorneys at the Marrison Family Law LLC for a free consultation. 

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MPatMarrisonFor over a quarter century, we have helped people during what is often the darkest time in their lives. Divorce is not easy even under the best of circumstances. For most people, family is central. Having something go wrong in the family can have a ripple effect that extends beyond the home and into other areas.

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