Child Support Modification2024-12-13T20:21:06+00:00

CHILD SUPPORT MODIFICATION

Denver Child Support Modification Lawyer

Denver Child Support Lawyers

Family law doesn’t have to feel like a war between separated parents with the use of alternative mediation and arbitration services

If you have been ordered to pay child support but can’t afford to make the payment or feel the court incorrectly calculated the order, you have options. Colorado state law offers the opportunity to request a modification. However, it’s important to understand that if payments are not made, the balance in arrears can accrue interest and trigger child support enforcement procedures, making it even more challenging to catch up. That’s why it’s crucial to act promptly and seek the help of a professional.

When pursuing a modification, working with an experienced Denver child support modification lawyer is often the best course of action. They can walk you through how to modify your child support order and maximize your chances of success. Additionally, they will be well-versed in how changes in parenting time, such as adjustments in overnight stays, can impact the calculation of your child support obligations. This expertise ensures that all relevant factors are considered when seeking a modification.

In some cases, professional mediation services can even help you and your ex find cooperative parenting resolutions outside of the courtroom. This approach not only fosters a more amicable relationship but also helps in crafting a child support arrangement that reflects the current needs and circumstances of both parties. Engaging with a knowledgeable lawyer and considering mediation can be the most effective way to ensure a fair and manageable child support order.

At Littman Family Law and Mediation Services, our team has the knowledge and experience to navigate the complexities that can arise in child support agreements. Schedule a consultation today to learn more about what our Denver child support modification lawyers can do for you.

Reasons for Child Support Modification: When Can a Parent Seek a Child Support Adjustment?

The courts use a standard guideline to determine what circumstances qualify for child support adjustment. The life changes that are eligible must be “substantial and continuing” and must impact your income by 10% or more. The court is likely to grant a modification if one or more of these situations apply:

  • Legitimate loss of a paying job
  • Significant increase or decrease in income
  • Being laid off from work for an extended time
  • The paying parent experiencing terminal illness
  • Changes in parenting time (overnight stays)
  • The child(ren) experiencing significant health changes or illnesses

However, it is essential to note that there are deterrents in place to prevent parents from deliberately quitting or reducing their wages in an attempt to intentionally lower their child support payments. If the court discovers this behavior, they may apply imputed income calculations.

Imputed income calculations for child support determinations rely on the potential earnings of the parent rather than the current income. If payments are not made, the balance in arrears can accrue interest and trigger child support enforcement procedures.

How Are Child Support Orders Enforced in Colorado?

It is better to request a modification of child support in a timely manner before the court takes enforcement measures. If you fail to meet your child support obligation in a timely manner, you open yourself up to a number of adverse legal actions, including:

  • Garnished wages from employment
  • Garnished federal and state tax refunds
  • Suspension of licenses, including:

○ Driver’s license

○ Fishing and hunting licenses

○ Professional and occupational licenses

  • Denial of passport for travel
  • Monetary judgments and application of interest rates
  • Notification of non-payment sent to credit bureaus
  • Application of liens against personal property, motor vehicles, and real estate property
  • Charged with contempt of court (with up to 180 days of jail time)
  • Sentenced to serve jail time

You can avoid these consequences by taking proactive action to request child support modification to stay in good standing. You can request a child support modification any time a significant and continuing change occurs. There is no limit.

If you are concerned about keeping up with child support payments while facing a significant and continuing income change, a local Denver child support modification lawyer will be invaluable.

Reach Out to an Experienced Denver Child Support Modification Lawyer

An experienced child support attorney can help you fully understand your options and whether your situation may qualify as a significant and continuing change. Be aware that not every life change will qualify you for a child support modification.

Our team at the Littman Family Law firm can provide much more than modification guidance in the family law arena. We can mediate agreements between parties and calculate the amount of child support. Our alternative family law and mediation services include:

  • Divorce and parental responsibility resolutions
  • Mediation and arbitration sessions
  • Legal consultation and coaching
  • Drafting and reviewing legal documents
  • Acting as parenting coordinators and decision-makers
  • Accompanying clients to mediation and discussions

We offer a variety of bundled and unbundled family law services that can be customized to your needs. Our attorneys can act as consultants from a distance or handle the necessary paperwork and scheduling of meetings. Simply let us know what you need.

Family law doesn’t have to feel like a war between separated parents with the use of alternative mediation and arbitration services. Professional mediation services can even help you and your ex find cooperative parenting resolutions outside of the courtroom.

Schedule a consultation with a local and highly trained Denver child support modification lawyer from our team at Littman Family Law and Mediation Services by calling our office at 303-832-4200 today.

Frequently Asked Questions

How do I qualify for a child support modification in Colorado?2024-07-31T16:41:11+00:00

To qualify for a child support modification in Colorado, a parent must demonstrate a significant and continuing change in circumstances since the original child support order was established. This change can include a substantial increase or decrease in income, changes in the financial needs of the child, or alterations in custody or parenting time arrangements. Generally, the change must result in a 10% or greater difference in the child support amount to qualify for a modification. Both parents must agree to the modification, or the requesting parent can file a motion with the court to request the change. Consulting with a family law attorney can help in navigating the legal requirements and procedures for modifying child support.

Can an attorney help with child support modification in Denver?2024-07-31T16:41:48+00:00

Yes, an attorney can help with child support modification in Denver. They provide valuable assistance by assessing whether you qualify for a modification based on changes in circumstances such as income, employment, or parenting time. An attorney can help gather necessary documentation, file the appropriate legal motions, and represent you in court to argue for the modification. They also ensure that all legal procedures are followed correctly, increasing the likelihood of a favorable outcome. Consulting with an experienced attorney can simplify the process and protect your rights during the modification process​.

How long does the child support modification process take in Colorado?2024-07-31T16:42:24+00:00

The time it takes to process a child support modification in Colorado can vary depending on several factors, such as the complexity of the case and the court’s schedule. Generally, the process can take a few months from filing the motion to receiving a court decision. This timeline includes the time needed to gather necessary documentation, schedule and attend hearings, and finalize any agreements. If both parties agree on the modification, the process may be quicker. However, contested modifications can take longer due to additional hearings and legal proceedings. Consulting with an attorney can help expedite the process and ensure all legal requirements are met.

What happens if the parents agree on modifying child support?2024-07-31T16:43:10+00:00

If the parents agree on modifying child support in Colorado, they can submit a stipulated agreement to the court for approval. This agreement should outline the proposed changes and the reasons for the modification. Once submitted, the court will review the agreement to ensure that it is fair and in the best interests of the child. If the court approves the modification, it will issue an order reflecting the new terms of the child support arrangement. This process can be quicker and less contentious than going through a contested modification hearing. For assistance with this process, contact us.

Additional Information in Colorado

  • Colorado Judicial BranchMotion to Modify Child Support: Detailed information about both parents, their financial situations, and the current support order, including the number of overnights each parent has with the child(ren) and any changes in circumstances, such as income or medical insurance costs. The form also includes a section for proposing new child support amounts based on the changes. This document is essential for formally requesting a modification of child support and ensuring the court considers all relevant factors.

  • Colorado Legal ServicesChild Support in Colorado: The site explains the factors considered when determining child support amounts, such as parental income, custody arrangements, and the costs associated with raising a child. It also details the process for requesting a modification, which can be done if there is a significant change in circumstances, such as an increase or decrease in income or a change in custody. Additionally, the website outlines the services provided by the Child Support Enforcement (CSE) unit, which can assist in collecting support payments, locating non-custodial parents, and enforcing existing orders. For a child support modification case, this site is an invaluable resource. It guides individuals through the necessary steps and documentation for filing a motion to modify child support, ensuring that all legal requirements are met. Furthermore, it provides access to resources and support services that can help enforce child support orders if there are issues with compliance.

  • National Conference of State LegislaturesChild Support and Family Law Legislation Database: Comprehensive database of child support and family law legislation across various states, including Colorado. It offers access to current and past laws, bills, and policies related to child support, custody, and family law. This resource can be invaluable for understanding the legal framework and recent legislative changes that may impact child support modification cases. It helps individuals and attorneys stay informed about relevant laws and regulations, ensuring that any modifications align with the latest legal standards. This knowledge can aid in preparing a well-informed case for child support modification.

Littman Family Law and Mediation Services

1772 Emerson Street
Denver, CO 80218
Phone: 303-832-4200
Fax: 303-832-9322
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