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What is Child Support Modification?
Divorce is always a complicated legal matter, but especially so when children are involved. A family law judge will order child support payments to prevent any children from suffering unfairly due to changes of circumstances in their lives because of their parent’s divorce. A family law court will determine the costs of child support based on child custody agreements, the cost of childcare, income, the child’s healthcare or special needs, and many other factors. Once the agreement is issued, the paying parent (usually the non-custodial parent) must provide child support payments to the other parent or face harsh consequences. However, there may exist opportunities where child support arrangements are modified with an official modification request approved by family law courts.
Family law judges do not alter or terminate child support orders without much due consideration. The court must have substantial proof that the paying parent cannot afford to make payments or otherwise now has a more reliable income and can thus provide more in terms of child support obligations. Substantial changes in circumstances are required for family law courts to issue a modification of child support. It is not possible to stop paying child support because of a change in circumstances; rather, you must receive approval from the courts with the submission of your child support modification petition.
To receive modified child support payments, you must prove that you are legitimately unable to make the agreed-upon payments or otherwise have new means to provide more for your child. Loss of a job, demotion, change in career paths, or promotion may all be considered viable reasons for a child support modification. If you are seeking to modify your child support arrangement, we recommend working with experienced family law lawyers. Please contact our Colorado Springs law firm to schedule your free initial consultation today.
Is a Change in Employment Grounds for a Modification to Child Support Payments?
In order to approve a child support modification, there must be a substantial and continuing change in circumstances for the paying parent. Not every change in circumstances will justify modifying child support orders in Colorado Springs. Before a judge considers adjusting the support payments, the parents requesting the modification must show a substantial change in circumstances, which usually requires a change of 10% or more to the current child support obligations.
In most child support cases, unemployment counts as a substantial and continuing change in circumstances, as does a significant loss of pay, demotion, or taking a new job that earns less than the previous one. However, unemployment or underemployment will not simply be enough to render a change to child support obligations, especially if the family law judge believes that the requesting parent is intentionally reducing their income to avoid or reduce their child support obligation.
Common grounds for child support modifications include the following:
- Alterations to parenting time
- An increase in income for either parent
- Changes in a child’s needs
- Changes in child custody arrangement
- Changes to health insurance or childcare expenses
- Involuntary unemployment or underemployment
- Loss of job
- Significant and ongoing reduction of pay
- Sudden disability or illness
- Undue hardship or substantial injustice
Can Income Changes Potentially Increase Child Support Obligations?
If the paying parent’s income increases significantly, this could be grounds for a modification to child support. In most cases, the recipient parent would request a child support modification and point to the increase in the paying parent’s income as the reason for the modification.
Proof of income, such as tax returns or pay stubs, may be required to prove your request for child support modification.
Income changes for the recipient parent may also sometimes change the need for child support payments. If either parent’s income or employment has significantly changed, it is crucial to notify the court of those changes as soon as possible.
What is ‘Potential Income’ in Relation to Child Support Cases?
If the courts believe that the change in income or employment was done in bad faith, Colorado courts may base child support calculations on the parents’ potential income-earning capacity rather than their actual income.
In determining the amount of potential income to calculate child support payments, a family law judge will consider several factors, including the following:
- Age
- Education and educational attainment
- Employment earnings history
- Health
- Job skills and job training
- Literacy
- Personal assets
- Potential barriers to employment
- Prevailing earnings level in the community
- Primary residence and any potential secondary residence
- Record of seeking employment
- The existence of a criminal record
- The local job market
- And more
What is the Importance of the Distinction Between an Involuntary and a Voluntary Loss of Job for Child Support Obligations?
Family law courts draw a distinction between voluntary and involuntary job loss. Parents who voluntarily quit their jobs to avoid paying child support cannot hope to get away with it. The courts will calculate child support payments by using imputed income and potential income earning capacity. If you have the ability to work but choose not to in order to avoid paying child support, the courts will frown upon this and find a way to ensure that child support obligations are met regardless.
On the other hand, involuntary job loss, such as job loss due to disability, company layoffs, termination, or personal injury, could result in a successful request for child support modification. The requesting party must prove that their loss of job was involuntary and that they have diligently tried to find other employment. It may be necessary to provide the courts with copies of job applications and records of job interviews.
Contact Our Law Firm to Request a Free Consultation with Our Colorado Springs Family Law Attorneys Today
If you’ve recently lost your job and cannot afford the child support arrangement you have been ordered to pay, you must immediately file a legal motion for modification. It is not enough to simply work things out with the other parent involved in your child support case. Off-record agreements are not official and could come back to bite you. Additionally, it is not okay to assume that missing a few payments in between jobs is acceptable. A family law court may hold you in contempt or even arrest you for missed child support payments.
Work with a family law attorney to file a modification of child support at your local Colorado Springs family court. While the request is being filed and the judge is reviewing your case, resume your search for new employment. The continued search for a new job will prove to the court that you are putting in a reasonable effort to obtain new employment.
Our Colorado law firm has extensive experience in family law cases such as child support matters. We will be proud to represent your legal rights as you pursue a modification to a child support arrangement. To learn more about our legal services and how we may assist you during this difficult time, please contact our legal team to schedule your free case evaluation today at 719-602-7381.
