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In Colorado can child support be non-modifiable for a period of one year if parents agree? or is it always modifiable by law?

Colorado Springs, CO |

Want 1 daughter to live w/father for one year. She's 16. Want other daughter to remain at home,but with set amt. of support $ for that one yr. period. Can ex and I put into a modification that he must pay the set amt. agreed to for a period of one year for the child still at home with me? Or, is it CO law that he can always modify regardless of any other agreement?

Ex pressuring me to have daughter move in NOW,before modification approved by judge. It has not been signed,nor submitted yet to court.He and daughter are in collusion to push me to get her over there NOW, but I want to wait until filed and approved. He now says he won't agree to paying amt.$ support for other child remaining with me unless I agree to let daughter go to his house now. She wld. be changing schools too again.Daughter being disrespectful, and ex. Don't trust ex since he tried to lower child support day after divorce final back in 2005.

Attorney Answers 3


  1. Best answer

    It is always modifiable. That being said, it is only subject to modification when one of the parties files a motion to modify child support based on changed circumstances that would amount to a change of more than 10% in support. The court can only go back to the date of the filing of the motion to modify chill support. So, if you mutually agree informally not to modify until after at least a year passes, simply wait that time before filing your motion to modify. Good luck

    The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice. Mr. Leroi answers questions on Avvo because he strongly believes in public service from his years as a judge, magistrate, and prosecutor. If you need to ask any follow up questions because my answer did not fully address your question, feel free to call Chris or post an additional question. Thank you.


  2. Anything having to do with kids, including child support, is modifiable.

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  3. It is ALWAYS modifiable.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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