Child support payments can be modified to assist those who are experiencing financial difficulties. A problem arises though when a court-ordered child support payment agreement is modified outside of the court system.
Often times, when a spouse responsible for making child support payments (the obligor) experiences financial troubles, they are likely to reach out to their ex. Usually, this is with the hope that their ex will agree to cut them some slack, and agree to lower the monthly payment amounts.
Unfortunately for these folks, even if both people agree to reduce child support payments, the obligor might face severe consequences for not fulfilling his or her obligations. It might not seem like a big deal, but deviating from structured court payments can worsen an already bad financial situation. This is because penalties for avoiding these responsibilities can be harsh, including garnishing wages or possibly even jail time.
There are numerous scenarios in which reducing child support may be appropriate. While there may be any number of reasons for modifying child support obligations, it must be shown that there is a “substantial and continuing change of circumstances.” Colorado determines that if the modification would result in a 10% or greater change in the obligation, this amounts to a “substantial and continuing change of circumstances.”
While making agreements with your ex to lower child supports might sound like a good idea at first glance, this is a risky move. There is a fair chance that if you’re the obligor, you might have to face some pretty hefty penalties. If you need to lower your child support obligation, we encourage you to reach out to a professional to make sure thing things are done properly. Here at Modern Family Law, we have a team of attorneys prepared to help you with your needs. We offer free consultations, and our attorneys are here for you. So please do yourself a favor, and get in touch with us today.
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