How Getting a Raise Effects Child Support/Alimony in Colorado 

Whether you and your former partner share children or you are going through a divorce, the question of alimony and child support may come up as you work to separate your intertwined lives. In many cases, the higher-earning spouse or the non-custodial parent will be expected to provide financial support to the lesser-earning spouse or the custodial parent.

If either party gets a raise, it could have a significant impact on your existing child support or alimony agreement. Here is more about alimony, how child support is determined in Colorado, and what to expect if either party gets a raise.

How the Courts Determine Child Support and Alimony in Colorado

There are multiple factors that the judge presiding over your case will need to take into consideration when determining how much child support or alimony should be paid. Some of the most important factors include:

• Both parties’ income and expenses
• Both parties’ contributions to the marriage where applicable
• Both parties’ physical and mental capacity
• Whether the child has physical or emotional limitations
• Whether either party shares children with someone else
• How long you were married or in a relationship

Once the court order is in effect, both parties will be expected to follow the order as written. Failure to follow the court order could result in serious consequences such as imposing further fines, suspending your driver’s license, or even finding you in contempt and requiring you to serve some jail time. If you are having trouble making alimony or child support payments, it may be in your best interest to consider a modification request.

You Can Petition the Court For a Child Support Order Modification

You may be able to modify your existing child support payments if you are having trouble making ends meet or otherwise find it necessary to request a modification. For example, if you needed to modify your child support order after you were laid off, under Colorado Revised Statute § 14-10-115, you may be able to petition the court to temporarily pause your payments or work out a payment plan so you can get caught up on your outstanding payments.

For a modification request to be granted, you must be able to show a significant change in your circumstances. Some examples of such circumstances could include:

• An ongoing or significant pay reduction
• A demotion to a lesser-earning position
• Becoming disabled
• Being involuntarily terminated

Requirements for Modifying Alimony

You may have the opportunity to request a modification to your existing alimony agreement as described under Colorado Revised Statute § 14-10-11. You must be able to prove that there has been a significant change in your financial circumstances. For instance, if the spouse paying alimony suddenly starts making considerably more money, you may be able to petition the court to increase your alimony payments.

Alternatively, if the spouse receiving alimony starts making more, you may be able to petition the court to have your alimony payments reduced. If you and your former partner can come to an agreement by working together, the family court is more likely to support your alimony plans. However, if either spouse is unwilling to cooperate, the decision regarding your modification request may be made by the judge presiding over your case.