Applying for or Modifying Child Support
In Colorado, the process for modifying child support involves several steps.
Here is a general outline of the process for obtaining child support:
To be eligible for child support services in Colorado, you must be the parent, legal guardian, or caretaker of a child who is under 18 years old or still attending high school.
Locate the Other Parent:
If you don’t have sufficient information about the other parent’s whereabouts, we can assist in locating them through various means, such as employment records, databases, and other resources.
If paternity (legal fatherhood) has not been established, it may be necessary to establish it before pursuing child support. This can be done through voluntary acknowledgment of paternity or through legal action, such as a court-ordered paternity test.
Filing a Court Case for Child Support:
Once you are certain of paternity, or need a court to order a test, filing a case for allocation of parental responsibilities will be the next step. See Allocation of Parental Responsibilities.
Calculate Child Support:
Once paternity is established, the court will determine the child support amount based on Colorado’s child support guidelines. The guidelines consider various factors, including the income of both parents, number of children, healthcare costs, and parenting time arrangements.
If the parents can agree on the child support amount, they can create a written agreement and submit it to the court for approval. If an agreement cannot be reached, an attorney can assist in obtaining a court order for child support. The court will review the proposed child support amount and issue an order.
Enforcement and Collection:
If the other parent fails to comply with the court order or falls behind on child support payments, Colorado Family Support Registry can help enforce the order through various methods, such as wage garnishment, interception of tax refunds, and suspension of driver’s licenses.
Here is a general outline of the process to modify child support:
Change in Circumstances:
To modify child support, there must be a substantial change in circumstances. This can include a significant change in income, job loss, medical expenses, changes in parenting time, or other relevant factors.
Petition for Modification:
File a motion with the court to request a modification of the existing child support order. An attorney can assist with the necessary forms and documentation.
Review and Hearing:
The court will review the motion and may schedule a hearing if necessary. Both parents will have the opportunity to present evidence and arguments supporting their positions.
New Permanent Order:
If the court determines that a modification is warranted, it will issue a new permanent child support order reflecting the changes in circumstances.
It’s important to note that this is a general overview of the process, and specific details may vary depending on individual circumstances and local court procedures. It is recommended to consult with an attorney or utilize the resources provided by the Colorado Child Support Services program for more accurate and up-to-date information.