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Modifying Child Or Spousal Support Orders In The New Year

The New Year is a time for new beginnings. For people who have divorced or separated in the past, the New Year presents an opportunity to review child support and alimony.

Modifying child support or spousal support is not always an easy process. The court considers many factors in determining whether to approve a modification. Let's take a look at specifics:

Modifying Child Support

In order to seek a modification of child support - whether you are the one paying or the one receiving - you must demonstrate that a significant change in circumstances has occurred or that the resultant change is 10 percent more or less than the current amount. Some circumstances in which the court may approve a child support modification include:

  • Job change by either parent which results in a change income by either parent
  • A change in the financial needs of the child (increasing educational costs, for example)
  • The relocation of a parent or a change in parenting time
  • Other circumstances justifying a modification

If you are seeking a temporary or permanent change to a child support order, it is advisable to speak to a family law attorney about your options.

Modifying Spousal Support

As time passes after a divorce, it is sometimes necessary to change a spousal support order or terminate it altogether. But it must be demonstrated that a significant change in circumstances has occurred in order to justify the modification. Here are some common reasons in which individuals seek to modify spousal support after a divorce:

  • Job loss/new job
  • Change in income - either up or down
  • Change in the financial needs of the receiving spouse or illness which did not exist when the original order was entered
  • Change in the ability of the paying spouse to pay
  • Remarriage (which usually terminates maintenance)

Seeking a Modification? An Attorney Can Help.

If you are seeking a modification of child support or spousal support, it is important to talk to a lawyer about your situation and legal options. Complete this online contact form to schedule a time to meet with an attorney from Shapiro Family Law in Denver, Colorado. 

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