Losing your job can cause major financial stress, especially if you pay for child support. In Colorado, the law recognizes that life circumstances change. If you lose your job, you might qualify to modify your child support order. You need to act quickly and provide the correct documents.
When does job loss justify a support change?
Colorado law allows either parent to request a child support modification. You must show a substantial and continuing change in circumstances. Job loss may qualify, especially if it cuts your income significantly.
But the court will not reduce your payments automatically. You must prove that the change is not temporary. You also need to show that it affects your ability to pay the current amount.
How do you request a modification?
Start by filing a Motion to Modify Child Support with the court that issued your original order. Include updated financial documents. These may include pay stubs, unemployment records or a termination letter.
The court reviews your financial situation to decide whether to change the support amount. A judge will not apply changes retroactively. The new amount only takes effect after the court approves the modification.
If you stop paying or pay less before getting approval, you could still owe the full amount. You might also face penalties. That is why it is essential to act quickly.
What will the court consider?
The judge will look at your efforts to find a new job. If the court believes you are not trying or that you took a lower-paying job on purpose, they may impute income. That means they calculate support based on what you could earn, not what you currently earn.
The court may also look at other changes. These include parenting time or your child’s financial needs. If those factors change significantly, the judge may adjust the order.
Legal support can help
Child support laws in Colorado can be complicated. A family law attorney can help you file the correct forms. They can also present your case clearly and protect your rights. If you lose your job, do not wait. Taking early action can help you avoid falling behind.