I cannot afford child support anymore. It is the lowest amount possible. I am $5000 behind in payments and its not the first time I have had a large amount owed. I am moving to a cheap apartment, but will not be able to afford it unless I voluntarily give up my rights. Does this count as a good enough reason?

Oct 12, 2026
Family Law
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Bill HenryFounding Partner | 20 years of experience
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Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 20 years of experience
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I’m sorry you are dealing with this financial pressure. In Colorado, voluntarily giving up parental rights generally is not a way to end child-support obligations, even if the payments are unaffordable. Relinquishment is a serious, court-supervised process, typically associated with adoption or other child-welfare circumstances, and it must be approved by a court. Additionally, parents are still obligated to pay child support until a final relinquishment order is entered by the court.

The $5,000 you already owe is also important. Past-due support generally becomes a money judgment when it is due and unpaid, and support that accrued before a request to modify ordinarily cannot be reduced retroactively. 

If your income, employment, health, or other circumstances have changed substantially and are likely to continue, you could ask the court to modify future support. Any modification request should be made promptly because a change is generally effective no earlier than the filing date of the request.

Before making any decision about relinquishment, I strongly recommend you speak with a family law attorney who can review the current child support order, your income and expenses, the reason you’re behind on payments, and possible modification or payment options. I also recommend you continue paying what you can and keep proof of all payments. This is important while you pursue relief.

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