Can losing overtime change child support in Colorado?

On Behalf of | Aug 28, 2026 | Child Custody & Support |

Your paychecks once included steady overtime. Then the extra shifts dried up, and the support amount set in better times feels out of reach. If you work in the oil fields, a hospital or any job where hours swing with demand, this can hit hard. Colorado does let you ask a court to revisit support when your income drops, though the details decide whether it works.

See when overtime counts as income

Colorado does not treat every extra dollar the same. Under state law, overtime pay counts toward your support income only when your employer requires it as a condition of employment. Voluntary overtime that pushes you past a full-time week is generally left out, and the rules that define gross income for support spell out that line. So if mandatory overtime counted in your original order, losing it can lower the income used to set support, while hours that never counted may not.

Show that your overtime has really dropped

A single slow month may not establish the substantial and continuing income change Colorado requires. A brief reduction followed by a return to normal hours usually will not qualify. To make your case, gather pay stubs, schedules and any written notice, since consistent payroll records showing several months of lower earnings carry more weight than one short paycheck.

Recalculate support with your current income

Once you can show a lasting drop, figure out what support would look like now. Colorado uses a guideline formula built on both parents’ gross incomes, the number of children, overnight parenting time and costs like health insurance and child care. The same math that sets a support amount at the start of a case applies to a change.

Check if support changes by 10%

Colorado also sets a clear bar for what counts as a big enough change. A modification generally qualifies as substantial only when the new guideline amount differs from your current order by at least 10%. The state’s rules for changing a support order explain that threshold. So if your $600 order would recalculate to $540, that gap may open the door, while a drop to only $580 likely will not.

Ask to change support before paying less

One costly mistake is worth avoiding. Your existing order stays in full effect until a judge signs a new one, so you cannot simply pay less on your own. Cutting payments without approval can pile up back support, interest and enforcement trouble, even if your income truly dropped. Instead, file a motion to modify with the court that issued your order, and keep paying while it is pending. A modification usually applies from the date you file, not when your overtime ended.

Decide if changing support makes sense

Losing overtime does not automatically lower your child support, but it can give you real grounds to ask. The answer usually turns on whether the overtime was mandatory, whether the drop is lasting and whether the recalculated amount moves by at least 10%.

If those pieces line up, filing sooner keeps you from owing an amount you cannot afford. A Colorado family law attorney can review your records and order, then say honestly whether a modification is worth pursuing.