Practice Areas — Family Law

A child support order entered at the time of divorce or separation is not necessarily permanent. When circumstances change in a substantial and continuing way, either parent may seek a modification — and the process requires careful legal guidance to navigate successfully.

Child support orders in Colorado are calculated using the state's income shares model, which takes into account both parents' gross incomes, the allocation of parenting time, the cost of health insurance for the child, childcare expenses, and other factors. Once entered as a court order, child support carries the full force of law. However, life rarely stands still — jobs change, incomes fluctuate, children's needs evolve, and family circumstances transform. Colorado law recognizes this reality and provides a mechanism for modifying child support orders when the change in circumstances is substantial and continuing.

Under Colorado law, a modification of child support is warranted when the application of the current guidelines to the changed circumstances would result in a change in the support amount of at least ten percent. Courts emphasize that the change must be both substantial — not a minor or temporary fluctuation — and continuing — not a brief interruption in income or an isolated expense. A parent who voluntarily reduces income or quits a job to avoid paying support will generally not be successful in seeking a downward modification; courts can impute income based on earning capacity.

Common circumstances that give rise to a modification petition include: a significant increase or decrease in either parent's income; a job loss, whether voluntary or involuntary; the receipt of a substantial raise, bonus, or new source of income; a change in the amount of parenting time, which directly affects the support calculation; a change in the child's needs, such as the onset of a significant medical condition, a change in childcare requirements, or the child reaching the age at which certain expenses no longer apply; changes in health insurance coverage and premiums; or one parent becoming disabled or incarcerated.

It is important to understand that a child support obligation does not automatically change when circumstances change — the existing order remains in full legal force until a court formally modifies it. This means that if a paying parent experiences a job loss and simply stops paying, arrears accumulate and enforcement mechanisms — including wage garnishment, license suspension, tax refund intercepts, and contempt proceedings — may be triggered. The correct approach is to file a petition for modification promptly when circumstances change, so that any reduction in support is effective from the earliest possible date permitted by law.

Conversely, a receiving parent who believes the other parent's financial situation has significantly improved since the original order was entered has every right to seek an upward modification. Children's needs grow as they age — educational expenses, healthcare costs, and extracurricular activities can substantially increase the financial demands on both parents. A child support order that was adequate five years ago may no longer reflect the true costs of raising the child today.

Our attorneys handle post-decree modification proceedings with the same diligence and strategic thinking we bring to initial dissolution cases. We help clients accurately document changed circumstances, prepare the required financial disclosures, negotiate where possible to reach an agreed-upon modification, and litigate when the parties cannot reach agreement. We also represent clients who are defending against modification petitions they believe are unwarranted or brought in bad faith.

A 10% change in the calculated support amount is the general threshold for modification under Colorado guidelines.

The changed circumstance must be substantial and continuing — not temporary or self-inflicted.

Do not simply stop paying support if your income drops — it may be an option to file a Motion seeking modification to protect yourself from accruing arrears.

Courts can impute income to a parent who voluntarily reduces earnings to avoid a support obligation.

Changes in parenting time allocation directly affect the child support calculation under Colorado's income shares model.

An existing child support order remains legally binding until a court formally modifies it — no informal agreements suffice.