Can I modify child support or custody orders after the divorce in Colorado?
Tawni Cummings
Colorado managing attorney at Marble Law
Key Takeaways
- Child support or custody orders may be modified after a divorce in Colorado if there’s been a substantial continuing change of circumstances.
- Grounds for modification include changes in income for either parent, changes in the child’s healthcare and changes in the child’s needs.
- In order to modify support orders, you must file a written motion with the court that ordered the original child support agreement.
In general, child support and spousal maintenance in Colorado may be modified if you’re able to demonstrate that there’s been a substantial and continuing change of circumstances that makes the original order unfair. (There may be other factors that impact your ability to modify child support or maintenance, depending on your particular circumstances.)
Parenting time (also known as visitation) and legal decision-making for your children (also known as legal custody) may be modified as well. However, different legal standards are used depending on the past order and the current circumstances. The best interest of the child standard, which lists many factors the court must consider, is most often used. But if a significant change is requested, the court may use the endangerment standard, which is a higher burden to prove in court.
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What are grounds for modification?
Some examples of potential grounds to modify child custody and child support orders in Colorado include changes in:
- Residence: The child no longer lives with the parent receiving support or the parent moves.
- Income: Either parent experiences a significant increase or decrease in their income. For example, someone loses their job or receives a promotion.
- Healthcare: The child develops a condition that requires medical care that should be compensated. Or the parent’s health deteriorates and they can no longer care for the child.
- Child’s needs: This can be anything from changes in the cost of daycare or education to special education needs to the cost of extracurricular activities and more.
This list isn’t exhaustive. Other substantial changes in circumstances might also be considered by the court.
How do you modify child support orders?
If you believe a substantial change in circumstances justifies a modification of your child support order, you need to file a written motion and serve the other party with that motion. Various factors may impact which county or state where a child support modification motion must be filed. Along with the motion, you need to submit a child support worksheet and evidence supporting your claim that specific circumstances justify revising the original orders.
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