Have you lost income due to COVID-19? You may be able to modify child support payments.
Modify Child Support Due to Income Loss
In Colorado, a parent can request a change to the amount of child support they pay if they have a good reason.
The COVID-19 pandemic has forced some Colorado employers to reduce their worker’s hours or lay them off altogether. As a result of the financial strain, many families are forced to cut their household budgets.
What Colorado Law Says About Changing Child Support
There are a number of valid reasons to ask for a child support modification, including issues related to your paycheck.
…the provisions of any decree respecting child support may be modified only as to installments accruing subsequent to the filing of the motion for modification and only upon a showing of changed circumstances that are substantial and continuing… C.R.S. 14-10-122
As noted in state law, the change in your income must be substantial and continuing.
Lawmakers consider a 10 percent or more change to a monthly child support payment to be substantial.
For example, let’s say your current obligation is $500 a month. If your salary cut means your monthly payment would decrease to $450 a month, you will have met that 10 percent threshold.
Don’t Stop Paying Your Child Support
You may be overwhelmed right now with the recent change to your income, wondering how you will pay your child support, mortgage, rent, or utilities.
While you may be tempted to temporarily stop paying child support, you will be subject to what’s called arrearage. That means you’ll owe the child support you did not pay plus interest on that amount.
The state could take your tax refund, seize your driver license, and even file a negative entry to your credit report if you fail to meet your child support obligations.
It is imperative that you take action to modify child support payments if the COVID-19 pandemic has affected your livelihood to the point where you cannot afford the payments.
Robinson & Henry, P.C. Child Support Attorneys
Our family law attorneys can help you determine your best course of action.
Call 303-688-0944 to set up a time to talk over the phone with an attorney. You can also schedule an appointment online.
Our offices are fully operational during this global health crisis. We are conducting meetings over the phone to ensure our clients, potential clients, and staff remain healthy.