Asked 11 months ago - Lamar, CO
Flagtrying to change my child supprt and custody agreements
Colorado law permits child support to be changed based upon a change in circumstances that alters income or expense by 10%. For example, the other spouse begins to earn 10% more income or you earn 10% less income. Of for example, the child expenses increase by more than 10% such as an increase in heath insurance. Consult and attorney or go the the courts website for the forms.
You may petition the court for a modification. The forms for such are available on the Judicial website, however I would strongly recommend that you contact an attorney to help you through the process. Depending when the last modification was, you may be restricted from requesting a change in the custodial arrangement for up to two years. That being said every case is unique and without knowing many more details it is difficult to respond further.
If he now earns more income than he did at the time the current orders were entered, you will need to file a motion to modify child support (and pay the appropriate filing fee) with the court which entered the original child support order. If a modification is appropriate, the court can, and should, modify all support payments which come due after you file the motion to modify. It would be a good idea to run a new child support worksheet before filing the motion. If it turns out that support should actually be reduced, given the current financial circumstances, the court will not let you withdraw your motion.
To modify parenting time provisions, you need to file a motion to modify parenting time with the court which entered the original parenting time order. Modifying parenting time is not easy. You will need to convince the court that changing the current order is in the best interest of the children.
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