Family Law, Divorce, Custody and Child Support Attorneys in Denver, Colorado

Child Support Modifications

I hear quite a few stories in post-decree divorce and parental allocation cases concerning child support. One big problem is the fact that many people believe it is sufficient to simply agree betweeen themselves to modify aspects of their prior court-ordered parenting plan or child support order. For minor parenting time changes, although it is better to submit changes you desire to remain effective to the Court, failing to do so may not prove problematic if the changes are minor. However, child support is different.
It is not enough to agree with the other party, even if you reduce the agreement to writing and sign it, to a modification of child support. Moreover, if you are the one paying the support and the modification is a reduction in support, it is that much more important that any agreement be submitted to the Court for the Court’s approval. If the Court does not issue an order modifying the support amount as agreed, then it is possible for the spouse receiving the support to come back later and request the additional amounts due, because the Order was never modified. As for gaining Court approval, any modification following a divorce or decree will need to be shown to be in the child’s best interests, and consistent with the child support guidelines. If there is a deviation from what the child support guidelines require, then you need to explain why the deviation is justified. An attorney is useful to work out these agreements and supply additional information to the Court to enhance the likelihood the Court will approve the stipulated modification of child support.