Retroactive Modification of Child Support

As I’ve discussed in several previous posts, child support in Colorado cannot be modified retroactive past the date a motion to modify is filed unless there has been a mutual agreement regarding change of custody of the minor child. The Colorado court of appeals clarified on Thursday, May 10, 2012 that such an agreement does not have to be in writing.  Judge Taubman authored the opinion in In re the Marriage of Paige, 11CA0893 (2012), which reached this decision by looking at the fact that the statute does not expressly require that the agreement be in writing and considering the fact that many other sections of the statute do specify that agreements must be in writing.  The court also affirmed the need to have a hearing when there is a factual dispute regarding whether there was a mutual agreement changing parenting time.

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