To modify child support in Colorado, you must show a substantial and continuing change in circumstances, and the practical test is arithmetic: if recalculating support under the current guidelines produces a change of less than 10%, the change is deemed not substantial and continuing.

For high-income Colorado cases, there is a second reason to run that math right now. House Bill 25-1159 took effect on March 1, 2026, and it rewrote the entire schedule of basic child support obligations while raising the guideline income ceiling from $30,000 to $40,000 in combined monthly adjusted gross income.

What Changed for High-Income Cases in 2026?

Governor Polis signed HB 25-1159 on May 31, 2025, with a delayed effective date of March 1, 2026. The changes that matter most above the old cap:

  • The schedule extends to $40,000 combined monthly income, up from $30,000. This eliminates the need for judges to extrapolate in a large band of cases where outcomes used to be unpredictable
  • The entire basic obligation table was revised upward, using more current economic data. The prior schedule reflected figures that had not been meaningfully updated since 2014
  • The 93 overnight cliff is gone. Parenting time credit now begins with the first overnight and scales proportionally, replacing the old two worksheet system
  • A self-support reserve of $1,831.83 per month was established
  • Courts have expanded discretion over allocating tax dependency between parents

The overnight change deserves attention in high-income cases specifically. Under the old rule, a parent with 90 overnights received the same credit as a parent with zero. Litigation over reaching 93 nights was common and often had little to do with the children. That incentive is now gone, and a parent who previously fell just short of the threshold may see a meaningfully different number.

What Is the Legal Standard for Modification?

Colorado requires a substantial and continuing change in circumstances under C.R.S. 14-10-122. The statute supplies the working definition through the 10% rule: if the recalculated guideline amount differs from the existing order by less than 10%, the change is presumed not to be substantial and continuing.

Two procedural points that cost people money:

  • Modification is effective from the date the motion is filed, not from the date the change actually happened. Waiting six months after a pay cut means eating six months of the old number
  • Orders do not update themselves. The new 2026 schedule does not retroactively change your existing order. You have to file

Common grounds beyond the new schedule:

  • A material change in either parent’s income
  • A change in the parenting time schedule
  • Changes in childcare or health insurance costs
  • A child aging out, which changes the obligation for the remaining children

How Is Income Determined When Someone Earns Well Above the Cap?

This is where high-income modifications are actually fought, and it has little to do with the schedule.

Colorado defines gross income broadly under C.R.S. 14-10-115. For a W-2 employee, the number is on a pay stub. For the earners who show up in high-income cases, income is rarely that simple:

  • Bonuses and commissions, which fluctuate year to year and invite arguments about which years to average
  • Equity compensation, including RSUs and stock options, and whether vested grants count as income, an asset, or both
  • Business distributions from partnerships and closely held entities, where the fight is over reasonable compensation versus retained earnings
  • Rental and passive income, net of legitimate expenses
  • In-kind benefits, such as a company vehicle or housing allowance
  • Deferred compensation and carried interest, where timing is contested

Note that HB 25-1159 did not change the definition of income. It changed the table applied to that income. So the discovery fight in a high income modification looks the same as it always did, but the output now has a wider guideline range.

For self-employed and business owner cases, our guide on divorcing a spouse who is hiding income covers the forensic side.

Can a Court Order More Than the Guideline Maximum?

Yes. Under C.R.S. 14-10-115(7)(a)(II)(E), when combined adjusted gross income exceeds the top of the schedule, the judge has discretion to set the amount, subject to one floor: the presumptive basic obligation cannot be less than it would be at the highest income level on the schedule.

So above $40,000 per month, the top of the table is a minimum rather than a maximum. Whether a court goes higher depends on the children’s demonstrated reasonable needs.

What actually moves a judge above the schedule:

  • Documented expenses tied to the standard of living the children experienced during the marriage
  • Private school tuition, specialized medical care, or elite-level athletic and arts costs
  • Travel expenses built into the parenting plan
  • A substantial disparity between the two households

What does not move a judge: the mere fact that one parent has a large income. Colorado support is calibrated to the children’s needs, not to income sharing.

What Does the Modification Process Look Like?

The mechanics are straightforward, and the preparation is what determines the outcome.

  1. Run the recalculation on the current schedule using accurate income figures for both parents
  2. Confirm the change exceeds 10%. If it does not, the motion will likely fail on the threshold
  3. File a motion to modify in the court that issued the original order, with a sworn financial statement
  4. Exchange financial disclosures, which is where high income cases are won and lost
  5. Negotiate or set a hearing. Many modifications resolve by stipulation once both sides see the same numbers

Expect a serious document request in a high income case: several years of returns, K-1s, equity grant and vesting statements, bonus history, and business financials. Assemble those before filing rather than after.

Colorado Child Support Modification FAQs

Does the new 2026 schedule automatically change my order?

No. Existing orders stay in place until a court modifies them. You must file a motion under C.R.S. 14-10-122.

How often can support be modified?

There is no waiting period, but each request needs a substantial and continuing change. Repeated filings without one are unlikely to succeed.

Can we agree to modify without going to court?

You can agree on the amount, but the court must approve it. An informal side agreement is not enforceable and does not stop arrears from accruing.

Will a voluntary income reduction lower my support?

Usually not. Colorado can impute income at your earning capacity if a court finds you are voluntarily underemployed.

How to Position a Modification Request Now

The 2026 schedule created a window, and it favors whoever files with accurate numbers first.

  1. Recalculate your order under the March 1, 2026 guidelines to see whether you clear 10%
  2. Pull three years of complete income documentation for both households, including equity and bonus history
  3. Recount overnights under the new graduated credit, since the old 93-night math no longer applies
  4. File promptly. Support runs from the filing date, so delay is expensive in either direction
  5. Address tax dependency allocation in the same motion, given the expanded court discretion

Flatiron Legal Advisors handles complex support matters through our Colorado family law team, including child support collection and enforcement. For background on how the calculation works, see our Colorado child support calculation guide and our guide to enforcing arrears.

Schedule a consultation to have your order recalculated under the current schedule.