Question:
My question is about child support modification.
Can child support be modified if the custodial parent’s income increases, but the non-custodial parent’s income remains the same?
Answer:
This answer only includes general divorce help for men since I am only licensed to practice in Colorado and am thus unable to provide any financial advice on divorce.
A modification to the current child support award may be able to be achieved even though the moving party (the non-custodial parent) has not had a change in income.
This is because there is a change in circumstances, given the increase in income to the custodial parent, that may warrant a modification of the child support order.
Generally, states have child support laws that outline a threshold that you must meet in order to have the order modified.
In Colorado (where I practice), the award will not be modified unless the change in circumstances amounts to more than a 10% change in the support order.
Consult with an attorney in your jurisdiction for specific legal advice on divorce to see if there is such a threshold and if the child support could be modified based on the changes. Cordell & Cordell has men’s divorce lawyers located nationwide.
To schedule an appointment with a Cordell & Cordell attorney, including Ashley A. Hughes, a Staff Attorney in the Colorado Springs, Colorado office, please contact Cordell & Cordell.
