Matters pertaining to child custody and child support generally remain modifiable because the court is concerned with what is in the child’s best interests, which can change over time and as situations change. An experienced and compassionate Colorado divorce attorney from Stahly Miner LLC can help you seek necessary changes in your order at (855) 625-1966. Here is what each of these processes entails.
Modifying Parenting Time in Colorado
Generally, a parent must wait at least two years before the last change in their child custody order before filing a new petition to change parenting time. However, if the child’s main residence is changing or their health or emotional development is in danger, the parent can request the change sooner.
The legal process begins when the parent files either a motion or stipulation to change custody. A motion is filed when the parents don’t agree about the proposed change. A stipulation is filed when both parents agree to the change and just need a judge to formally sign off on the proposal.
The parent filing the motion is responsible for paying a filing fee and serving the other parent with it. The other parent files a response. The parents will need to be able to complete a revised parenting plan for the court to evaluate. The court may require mediation or a hearing to determine how to decide the matter.
Modifying Child Support in Colorado
A parent can request a change in child support if a substantial and continuing change in either parent’s circumstance has occurred since the last child support order was entered into. For example, a parent may have received a raise or lost a job.
A substantial change is one in which the amount of child support would increase or decrease by at least 10%. Parents can use the child support calculator the court provides to determine if the change is considered substantial.
A continuing change is one that is not temporary. For example, if a parent’s income decreased because they were sick but it was not a long-term illness, it probably would not be considered continuing.
A child support order could also be modified if the initial order did not address medical or dental support and the parents need clarification on this matter.
Like with a child custody exchange, the case may involve a motion or stipulation, depending on whether or not both parents agree with the proposed change to the amount of child support. Mediation or a hearing may be required if the parents don’t agree to determine whether the proposed change should be granted.
Contact Stahly Miner LLC Colorado Divorce Attorneys for More Information
If you are considering requesting a change in child custody or child support, the legal team at Stahly Miner LLC is here to help. Our lawyers are proactive problem solvers, led by a cooperative spirit, even when facing opposition. We review your situation during a confidential consultation and explain whether you are eligible for a modification. Contact us to learn more at (855) 625-1966.