Englewood Child Support Lawyer

Can I Modify a Child Support Order in Colorado?

Yes, Colorado courts recognize that some life changes may require adjustments to existing orders so that they better reflect the financial realities of the parents or the needs of the child. As such, support orders can be modified if there is a significant change in circumstances. 

Some examples include:

1. Change in Income: One of the most common reasons for modifying child support is a substantial change in either parent’s income. This can include job loss, a significant pay raise, or a reduction in earnings. Courts generally require that the change in income be significant enough to alter the existing support order by at least 10%.
2. Change in Parenting Time: If the parenting time schedule changes, such as one parent taking on more or less time with the child, this can impact child support calculations. Courts may modify the support order to reflect the new parenting arrangement, ensuring that the financial burden is distributed fairly based on the time each parent spends with the child.
3. Change in Child's Needs: As children grow, their financial needs can change. This might include increased educational costs, medical expenses, or extracurricular activities. If the child develops special needs or requires extraordinary medical care, the support order may need to be adjusted to accommodate these additional expenses.
4. Change in Health Insurance or Medical Expenses: If one parent’s insurance situation changes, such as losing coverage or incurring higher premiums, a modification may be necessary. Additionally, if the child’s medical needs change, resulting in increased out-of-pocket expenses, the support order may be adjusted to reflect these new costs.
5. Relocation of a Parent: If one parent relocates and the move significantly impacts the parenting time arrangement or the cost of raising the child, the court may consider modifying the child support order. This is particularly relevant if the relocation affects the practicalities of shared custody or increases travel expenses related to visitation.
6. New Financial Responsibilities: If either parent has additional children or significant new financial responsibilities, such as caring for an aging parent, the court may consider this when evaluating a request for modification. However, the court will still prioritize the needs of the child covered by the existing support order.
7. Agreements Between Parents: Sometimes, parents may mutually agree to modify the child support order. While these agreements can be submitted to the court for approval, they must align with Colorado law and ensure that the child's best interests are met.

To seek a modification, the parent requesting the change must demonstrate that circumstances have significantly shifted since the original order was established. It’s important to work with an attorney who understands Colorado’s child support modification process to ensure that your request is properly presented to the court.

Our attorneys can help determine if you qualify for a modification and guide you through the process to adjust your support order. Whether you’re seeking an increase or a reduction, we are here to advocate for a fair outcome that serves your child’s best interests.

At What Age Do Child Support Payments End in Colorado?

Child support is a necessary legal obligation that ensures children have the support they need during some of the most important years of their lives. However, it’s not legally enforced forever.

Generally, the most common reason for child support payments ending is when a child turns a certain age. In Colorado, this is known as the Age of Majority, which is 19 years old. At this age, a person is an adult capable of supporting themselves. 

Of course, there are exceptions, including situations where support may persist beyond a child’s 19^th birthday. This can happen when a child turns 19 but still attends high school or when a child has physical or mental disabilities. Conversely, there are also situations when child support can be terminated before a child reaches the age of majority. Some examples include:

1. Child Marries: If the child gets married before turning 19, the child is considered emancipated, and the parent’s obligation to pay child support may be terminated.
2. Child Joins the Military: Enlistment in the military also leads to the child's emancipation, ending the need for child support payments before they reach 19.
3. Child Becomes Legally Emancipated: If the court grants legal emancipation to a minor, usually due to the child becoming financially independent and self-supporting, child support can be terminated.
4. Child Passes Away: In the tragic event that a child dies before turning 19, child support obligations cease immediately.
5. Adoption by a Stepparent or Another Party: If the child is legally adopted by someone else, such as a stepparent, the biological parent’s duty to pay child support typically ends upon the finalization of the adoption.
6. Court Order for Early Termination: In rare cases, the court may issue an order terminating child support before the child reaches 19, based on specific legal circumstances or agreements between the parents.

Do I Need a Lawyer to Help with My Child Support Case?

You’re not obligated to have a lawyer when addressing matters like child support in Colorado family courts. But while you have the right to represent yourself, it doesn’t mean that’s the best or most prudent option.

After all, child support cases – whether they arise in a divorce or as a stand-alone family law matter – are handled in accordance with rules and procedures most laymen find foreign. They also have the potential for complexity, particularly when parties dispute essential facts about expenses, income, or their children’s needs. Lastly, these matters are vital to ensuring the well-being of children and they can have a dramatic impact on both children and parents for years to come.

In matters as serious as these, having some legal guidance can go a long way. And that doesn’t necessarily mean working with a lawyer in the traditional sense. At The Harris Law Firm, we’re mindful of our clients’ needs and how we can help them control costs in their cases. As such, we’re proud to offer various options for legal services, including:

• Traditional attorney-client relationships
• Mediation services
• Our LawYourWay℠ program, which provides unbundled legal services to Pro Se litigants 
• Representation from Licensed Legal Paraprofessionals (LLPs are licensed by the State of Colorado to represent parties in matters of child custody, divorce, and other family law cases).

These services give clients options for both the level of legal support they need and the total costs associated with them. We’re happy to discuss these services in depth during a consultation. 

Understanding Colorado’s Child Support Guidelines

Colorado’s Child Support Guidelines provide a framework to ensure that child support payments are fair and sufficient to meet the needs of the child. These guidelines are based on the principle that both parents should share the financial responsibility of raising their child, even after separation. The formula used by the state estimates what the family would have spent on the child’s care had the parents remained together.

Several factors are considered when calculating child support, including:

1. Parental Income: The gross income of both parents forms the foundation of the support calculation, ensuring that contributions are proportional to each parent’s earning capacity.
2. Parenting Time: The number of overnights the child spends with each parent influences the support amount, as parenting time affects the costs borne by each parent.
3. Child-Specific Expenses: Unique costs directly related to the child, such as health insurance, work-related childcare, and educational needs, are factored into the calculation. Extraordinary medical expenses, including orthodontia or ongoing treatments, are also considered.
4. Other Relevant Factors: Additional costs, such as travel expenses for visitation, can be included in the support calculation to ensure that the financial burden is distributed equitably.

Although the guidelines provide a structured formula, there is room for flexibility in exceptional cases. A judge may adjust the calculated support amount if there are special circumstances that warrant a deviation. However, such deviations are rare and must be justified with clear evidence.

Call to Request a Consultation: (303) 720-7667

The Harris Law Firm is known nationally for providing tailored, experience-driven representation to individuals and families facing all types of family law issues – and for making matters involving children a top priority. If you have questions about a support-related issue, we’re here to help. 

Our Englewood child support attorneys offer confidential consultations to help prospective clients learn more about us, our services, and how we can help with their cases. Call (303) 720-7667 or contact us online to request yours.