Colorado Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support

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Multi-State
Control #:
US-00800BG
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Word; 
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Description

This form is used to justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.

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FAQ

Note to Party responding to a Motion to Modify Parenting Time: If you disagree with this Motion, Colorado Rules of Civil Procedure allow you to file a written response with the Court which must be filed within 21 days of the date this Motion was served on you or mailed to you.

All child support review requests must be made in writing at the county child support office handling your case. The request must also include an Income and Expense Affidavit, supporting documents and list the reason for the change. Following the review, the child support order may go up, down or stay the same.

Note to Party responding to a Motion to Modify Parenting Time: If you disagree with this Motion, Colorado Rules of Civil Procedure allow you to file a written response with the Court which must be filed within 21 days of the date this Motion was served on you or mailed to you.

Following the review, the child support order may go up, down or stay the same. It can take up to six months to review and change an order. The Colorado link includes both the Review and Adjustment Request form and the required Income and Expense Affidavit.

However, you should know that failing to go through the courts means that any changes to the original order would not be enforceable by the court?which also means that the other parent would be under no legal obligation to abide by the modified custody order.

A: The standard child support percentage is 20% of the parents' combined gross income. An additional 10% is added for each additional child. If there are extenuating circumstances, the court may call for a higher or lower percentage to reflect your situation.

While parents may be able to negotiate a child support agreement, the judge in the divorce or other legal matter must still approve that agreement based on the guidelines and state law.

Specific conditions must be met to modify a divorce decree in Colorado. The petitioner must show that there has been a material change in circumstances since the original decree was issued. This change must be significant enough to alter the case's outcome if the modification were to occur.

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Colorado Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support