Can Child Support Be Modified If The Custodial Parent’s Income Increases?

Question:divorce lawyer Ashley Hughes

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.

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