Frequently-Asked Questions on Modifying a Child Support/Medical Support Order
Q. When can a modification be requested?
Either party can request a review of their child support. There are some cases where Child Support Enforcement Services will
start a review. Child support orders should be reviewed at least every thirty-six (36) months. Colorado requires there be
at least a 10% change in the amount of current child support obligation in order for a modification review to proceed. If
a review is done and the 10% threshold is not met, the modification review will be terminated.
In order to have a review in less than 36 months since the last review, a continuing and substantial change in circumstance
must be shown. A brief explanation of the continuing change and any proof of the change has to be provided with the written
request for review. If no change or proof is provided, the request may be denied or more information may be requested.
Q. How long will the modification review process take?
A. It can take three to six months to complete a modification review depending on the parties’ ability to agree on the changes
and whether or not the review goes to hearing before a Judge or Magistrate.
Q. What’s going to happen?
A. A modification specialist will review the request and will contact the requesting party if more information is needed.
If the reason for the modification request is sufficient, a settlement conference with both parties at the Child Support Enforcement
Services office may be scheduled.
Q. What happens at a settlement conference?
If both parties appear for the settlement conference, an agreement will try to be reached. A Stipulation for Modification
or an Administrative Order may be done if the parties agree.
If an agreement cannot be reached, a Motion to Modify Child Support may be filed with the Court by Child Support Enforcement
Services. Note that this does not mean an automatic court appearance. Once the motion is filed, if no objection is received
within 15 days, the Court may grant the Motion to Modify Child Support.
With any court filing, a copy must be provided to Child Support Enforcement Services and the other party. If an objection
is filed in a timely manner, the Court may request a hearing.
Q. What if one parent doesn't attend the settlement conference?
A. If only the requesting party appears, the settlement conference may be held and a Motion to Modify Child Support or an
Administrative Process Default Order may be filed with the Court.
If the requesting party does not appear and/or does not provide financial information, the review may be terminated and the
settlement conference will not be held.
Q. What if one parent lives out of state?
If either party lives outside the State of Colorado, that party may appear at the conference via telephone if they have provided
all requested paperwork and a phone number where they can be contacted at the time of the conference.
Q. What if I have a restraining order against the other party?
Child Support Enforcement Services can make arrangements to handle this type of situation. Make sure you notify the modification
specialist at least two weeks before the settlement conference.
Q. What if the review is denied or terminated?
A. Another request can be submitted, but a completed financial affidavit with all attachments must be submitted with the written
request for review. The modification specialist has discretion as to how to handle the next settlement conference.
Q. What if one parent is self employed?
Self-employed individuals are required to submit at least two years of filed Federal Income Tax returns with all schedules
and attachments along with the Financial Affidavit.
Q. What if I pay for medical coverage for the child(ren)?
If you are paying for medical coverage for your child(ren), you must submit proof of the insurance cost along with premium
payments with your financial information.Only the costs for the child(ren) on the child support order will be counted in the
guideline calculation. You must also provide proof of the coverage (i.e., a document from your HR or insurance company with
a list of the covered individuals).
Q. What happens if there is a change in overnights?
Overnight visitation may affect the child support obligation. If an agreement on the number of overnights is not reached,
the matter may be brought to the Court for determination.
Q. Does the modification consider step-children or other children in the household?
A. Any child who is a step-child to one parent will not be used on the worksheet. A party can receive credit for a biological or adopted child not from this relationship who is living
in the party’s household. Be sure to bring proof of responsibility, such as an adoption order or a birth certificate.
Q. What about the child support I am paying for another child?
If the child support is court-ordered and the person ordered to pay is current on the obligation, then that party may receive
credit on the child support worksheet for that obligation. If the paying party is paying an arrears amount plus the monthly
support obligation, only the monthly support obligation would count as child support. Arrears are not a current obligation
and are not included on the worksheet. Bring proof of your payments along with a copy of the child support order for that
child.
Q. What about arrears (unpaid child support)?
Arrears will not be addressed during the child support review settlement conference. The review settlement conference will
only discuss current support. Once the settlement conference is complete, help with arrears can be found.
Q. I don’t get to see my child(ren) or use my visitation rights; why should I have to pay?
Child Support Enforcement Services only has authority to deal with child support, back due child support, paternity and medical
support issues. Both parents are responsible for the financial support and parenting time or visitation of the minor child(ren).
For more information, please see the State's Parenting Time and Visitation web page.
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