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What should I know about changing a child support order?

Child support in Colorado can be one of the most complicated and contentious issues that a divorced couple can face. The best interests of the child should be paramount, but personal and financial issues will sometimes get in the way of adhering to the order to meet the child's financial needs. Some will engage in a long-term child support dispute. Others will simply not pay and there will be legal issues for a failure to pay child support.

For both the paying parent and the receiving parent, one of the foundational aspects of handling a child support case is to understand how and when an order can be changed. Legal help is always beneficial in these circumstances. Either of the parents can request their child support order be reviewed. A change in circumstances must be in place and it must be substantial and continuing. The child support order will not be changed unless the amount changes by 10 percent or greater or there is no order for medical support or it has changed.

The following reasons can be included when asking for the order to be changed: a child has become emancipated; there was a change in income for one or both parents; the cost of raising the child has changed; there has been a change in the number of overnight visits the child has with the other parent; and three years have elapsed since the prior review.

Parents must present an Income and Expense Affidavit and documentation to support the parent's position on the request. The order will not begin unless the affidavit and the request for review are provided. When making the request, the reason for the need for it to be changed must be provided. It can take as long as six months for the entire process from review to when the change, if applicable, is made.

There are many reasons why there can be issues with child support and the desire on the part of a Colorado parent to have the order changed. When seeking a change, following all the requirements is one of the most important aspects to achieve a successful result. With any family law situation, calling for help is critical and should be done immediately.

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