Colorado Motion To Modify Child Support

Filing Your Motion. Take your motion to the clerk of court. You must file your motion in the same court where the related case is being heard if you want the judge to rule on it.

You must submit your child support order modification request in writing to the Child Support Enforcement Unit in your county. You must sign the request. Your request must also include a Sworn Financial Statement (or Income and Expense Affidavit) that gives details about your debts, assets, and income.

There is no limit to how often your financial circumstances can change; thus, you can adjust your child support order as often as necessary. Your request will only be accepted if your change in circumstances is substantial, resulting in the child support order decreasing or increasing by at least 10 percent.

Modifying Child Support Without Going to Court It is possible to have your child support order modified without having to go to court--but only in very limited circumstances. Some judges include a Cost of Living Adjustment (COLA) clause in all of the child support orders they issue.

14-10-115(7)(a)(II)(D) provides for a minimum support obligation applies unless both parents have at least 93 overnights. The monthly obligation is: $50 for 1 child. $70 for 2 children.

The responding party shall have 21 days after the date of service of a motion, or such lesser or greater time as the court may allow, in which to file a response. The moving party may file a reply no later than 14 days after the date of service of the response, or such lesser or greater time as the court may allow.

There is no limit in Colorado for child support enforcement unless the arrears are reduced to judgment by the court. In this case, the regular Statute of Limitations for a judgment applies.

Fill out your court forms. Have your forms reviewed. Make at least 2 copies of all your forms. File your forms with the court clerk. Serve your papers on the other parent. File your Proof of Service. Go to your court hearing.