Throughout your children’s lives, various changes will occur that can give rise to a child support modification. Colorado Revised Statute 14-10-122 states that child support can be modified based on a continuing and substantial change in circumstances. Here are five typical situations that may qualify as a continuing and substantial change in circumstances:
- Change in Income – this is probably the most typical reason parties modify child support, as fluctuations in income occur frequently. If you are the party paying support, a decrease in your income can result in panic over whether or not you can meet your obligation. If you are a recipient of support and your income decreases, you may be worried about the basic needs of your children. Increases in income can bring uncertainty over additional obligations, which can be equally stressful. Whatever the situation, a change income is likely to result in a change in child support.
- Change in Overnights – this is another typical reason to request a modification. If, for whatever reason, the overnights with your children have changed since your last calculation of child support, you may be entitled to a modification.
- Change or Termination of Maintenance – a change or termination in maintenance is another common reason to modify child support. Essentially, a change in maintenance is a change in income.
- Change in Day Care – day care expenses are accounted for on a child support worksheet. If your children have gone through a recent change, such as going from full-time day care to kindergarten, this can cause a drastic swing in child support.
- Change in Health Insurance – Colorado Revised Statute 14-10-115 adjusts child support for health insurance costs. If you’ve changed employment, or your employer has changed health insurance plans, the resulting change in your health insurance premium may be enough to trigger a modification of child support.
Often times parties have a mix of several of the above changes. It’s important for your lawyer to have the ability to spot different life changes that may give rise to a change in child support. Contact me for a free consultation to see if your change in circumstances warrants a corresponding modification of child support.