In our most recent post we discussed the case of the recent Powerball winner who was discovered to owe $29,000 in back child support. The lottery division of the state where he lives will likely take that money out of his lump sum lottery payment, which will total approximately $152 million.

It is possible that the man in that case may have fallen behind on his child support payments because he could not afford the court-ordered child support amount. This can happen to noncustodial parents when the court orders payments that are too high, or when they face a change in circumstances such as losing a job or having another addition to his or her family.

In such a situation it may be appropriate to seek a modification of your child support order. The Colorado Child Support Enforcement Program has a vested interest in making sure that noncustodial parents are able to make their payments.

If that is the case it is possible to request a review of your child support order. Either parent can request a review by the state child support agency. Both parents then provide information about their income and financial situation for the agency to evaluate and determine the appropriate amount using a standard guideline.

If the agency determines that a change is appropriate, both parents are asked to sign an agreement. If an agreement can be reached it is filed with the court. If the parties cannot reach an agreement a Motion to Modify the child support order can be pursued in court.

Source: Colorado Child Support Enforcement, “Modifying Your Child Support Order