How to Get Child Support Reduced in Colorado

In the State of Colorado, as in numerous other states, parents are ordered to make child support payments, commonly following a Colorado divorce. Usually, child support involves monthly payments that are made from a non-custodial parent to a custodial parent to fulfill the non-custodial parent’s responsibility to help financially support their child.

When the paying parent does not make their required payments, their child may not receive the basics they need on a daily basis. When a paying parent cannot pay the full amount or any amount at all because of a change in their circumstances, they should consult with a local attorney in Colorado or the family support division in their state for information on lowering their child support payments.

States are required, under federal law, to have procedures to review and adjust child support orders on a periodic basis when the case is handled by a child support agency. State child support agencies automatically review cases involving families that receive Temporary Assistance for Needy Families (TANF) once every three years.

If a family does not receive TANF, the child support agency will provide notice to the child’s parent or custodian that they can request a review of their child support order. Either parent is permitted to request a review if there has been a material and substantial change in circumstances.

A child support agency can use one of several methods for reviewing cases when they work with a child’s parent or custodian, including:

• Having a review of and adjusting the child support order under the child support guidelines when the amount that was ordered differs from the amount that would be ordered under the Colorado state child support guidelines
• Following the child support formula that was used for the original order and applying to it a cost of living adjustment
• Using an automated method, which includes comparing the amount in the order to state income tax and wage data so the agency can:
  • identify orders that are eligible for review
  • identify orders that are eligible for adjustment
  • conduct reviews
  • apply adjustments

When a paying parent requests a reduction in the amount they pay, they will need to show that there has been a substantial and material change in their circumstances, which may include, but is not limited to:

• Substantial reduction in income
• Changes in the child’s needs
• Loss of a job
• Cost of living change
• Major illness or disability
• Incarceration

For more information on obtaining lower child support payments in Colorado, a parent should consult with an attorney in their area.

What Factors Can Lower Child Support?

There are a variety of factors that child support agencies take into consideration when they are calculating child support amounts and lowering child support amounts, including:

• If the parent has to spend money on childcare during a job search or while they are at work
• The amount of any other types of support orders the non-custodial parent already pays
• The cost of providing healthcare coverage for their child
• If the child has extraordinary expenses, for example, special schooling or medical needs
  • These expenses may be agreed to by the parents or imposed by an order of the court

For more information on the factors considered when lowering child support in Colorado, an individual should speak with a local lawyer for help and advice.

What Is a “Substantial and Material Change”?

Even though a child support order can be reviewed one time every three years without request, a parent or another person who is associated with the child support order does not have to wait for the review time to request a modification. Either one of a child’s parents can request a review and adjustment when they think they have had a substantial and material change in their circumstances.

In the majority of cases, the measure of a substantial and material change is whether or not the new amount would differ by 15% from the previous amount. When a party asks for a review of their order, the agency will only be able to do so when the requesting individual submits evidence that there has been a material change in their circumstances.

All states, including the State of Colorado, have formulas and guidelines that are used to calculate the amount of child support that will be paid, which usually involves evaluating:

• The parents’ incomes
• Additional support obligations the paying parent has
• The number of children, whether adopted or biological, that reside in the pay parent’s household
• The non-custodial parent’s cost incurred for providing medical insurance for their child
• Childcare expenses of the custodial parent

Any time a court makes a decision involving a child, including child support amount changes, it will follow the child’s best interests standard.

What Is the Legal Process of Child Support Modification?

Even though the specific steps that an individual must follow to have their child support order modified can vary by location or jurisdiction, there are certain steps that typically must be taken. How much the non-custodial parent will be ordered to pay in child support is usually calculated following the Colorado state child support guidelines.

Colorado provides an online calculator that can be used by a parent to get a basic idea of the amount they may receive or be ordered to pay. This calculator can also assist parents who think they may have to seek a modification of their order.

If a parent believes their child support order should be modified, they can make a request through a Child Support Enforcement Agency (CSEA) or by filing a motion in court. When a CSEA reviews a case, a caseworker will review the information and determine whether the order is eligible for modification. The parent or custodian does not have to appear for the review.

If a parent files a motion in court, they will need to serve a copy of the paperwork on the child’s other parent. Both of the parents may have to appear at a hearing to provide evidence for or against the change in circumstances.

Courts are often more flexible than CSEAs when considering child support order modifications because they can consider the unique situations of the parents more thoroughly when making a decision. When a modification request is handled by an attorney, it will give the parent a better chance at being awarded the modification they request.

During the time between the modification request and the new order being issued, it is important that the paying parent continue to make their required child support payments until the new order is issued. After reviewing the evidence, the court may leave the current order in place or change the amount that will be paid.

When Do I Need to Contact a Lawyer?

If you are a parent or guardian who has to pay child support in Colorado and there has been a change in your circumstances that may allow you to decrease your child support payments, it is important to consult with a Colorado child support lawyer. Your lawyer can provide you with guidance about how likely it is you will receive a decrease and what other options may be available.

With LegalMatch, you have access to a no cost attorney matching service that you can use in around 15 minutes to find an attorney near you who can help you get a modification of your child support amount. Simply submit your case on the website, and you will get responses from member lawyers in around 24 hours who are ready to help.