Losing your job does not automatically lower or pause your child support in Colorado. The order stays in effect until a court changes it, so a parent who loses income needs to file a motion to modify promptly.
Here is how job loss affects support, what the court looks at, and how to protect yourself.
Support Continues Until the Order Changes
A Colorado child support order can be changed only for payments that come due after a motion to modify is filed. The parent must also show a substantial and continuing change in circumstances.1
That timing rule is the reason to file quickly. Every month you wait is a month the original amount stays owed.
Does Your Job Loss Qualify?
If applying the guidelines to your new circumstances would change support by less than 10 percent a month, the change is not considered substantial and continuing.2 A larger change can support a modification.
Colorado’s court instructions confirm that a modified amount can apply back to the date the motion was filed.3
Voluntary Versus Involuntary Job Loss
Courts can calculate support on potential income when a parent is voluntarily unemployed or underemployed. The Colorado Supreme Court has explained that this means the parent intentionally chose to be unemployed or underemployed, and the court considers all relevant factors.4
A layoff or a position elimination is different from quitting. Keep records showing why the job ended and your efforts to find new work.
Filing quickly is one of the most important steps after a job loss. Johnson Law Group offers a no-pressure consultation to review your options, so schedule a consultation as soon as your income changes.
Steps to Take After a Job Loss
- File a motion to modify as soon as possible.
- Pay what you can and keep proof of every payment.
- Document your job search with applications, interviews, and offers.
- Report new income once you are working again.
Frequently Asked Questions
Can the other parent agree to lower payments informally?
An informal agreement does not change the court order. Support is changed through a motion or a written stipulation filed with the court.5
Talk With a Colorado Child Support Attorney
A job loss is stressful enough without falling behind on support you could have asked to change. Johnson Law Group is here to help.
The attorneys at Johnson Law Group help parents modify and respond to support changes after job loss and will give you a clear read on your options. Schedule a free consultation through our Colorado offices, and we will serve as your North Star from here.
Sources
[2] C.R.S. § 14-10-122(1)(b) – Less than a 10 percent change is not a substantial and continuing change | https://colorado.public.law/statutes/crs_14-10-122
[3] Colorado Judicial Branch – Instructions to File a Motion or Stipulation to Modify Child Support: change may apply retroactively to the filing date | https://coloradojudicial.gov/media/11473
[4] In re Marriage of Martinez, 70 P.3d 474 (Colo. 2003) – Voluntary unemployment or underemployment means an intentional choice; all relevant factors considered | https://www.coloradojudicial.gov/sites/default/files/2024-05/02SC316%2602SC317.doc
[5] Colorado Judicial Branch – Instructions to File a Motion or Stipulation to Modify Child Support: changes are made by motion or stipulation filed with the court | https://coloradojudicial.gov/media/11473