A common question Arvada and Wheat Ridge child support attorneys get is related to child support payments after a salary increase. Whether you are the parent receiving the child support payments and find out that your c-parent recently got a raise or you’re are the parent paying child support and your salary is increased, the same question may arise – will the child support payments increase after a raise? While it is possible that child support can be raised when the paying parent starts making more money, it is not an automatic process. One of the parents must request the court modify the agreement in order for there to be any changes.
Regulations Regarding Child Support Modifications in Colorado
There are many situations that may allow for a change in child support payments. One reason may be that the child custody agreement has changed and the paying parent has more overnights than when the child support amount was determined. Another is an increase or decrease in the paying parent’s income. No matter what the reason is, Colorado law only allows for a modification of child support if there is a substantial and continuing change in circumstances. This change should affect the child support by at least 10 percent or more in either direction in order for the court to consider the modification. So, if you are requesting child support be modified because your ex is earning more money, the court will use the formula to re-calculate the child support payment. If the new amount is at least 10 percent more than the previous payment amount, then the court will enter the new order.
Requesting Child Support Modification in Wheat Ridge and Golden
When you want to request a child support modification, you will need to file a Motion to Modify Child Support. If you and your ex are in agreement about modifying the child support, then you can file the motion as a stipulated motion, meaning both parties approve the change. There are other documents that must be filed in order for the court to have all the information it needs to modify the child support amount. An experienced child support attorney can walk you through this process and make sure that you have the greatest chance of getting the outcome you are hoping for.