Canon City, CO asked in Family Law and Child Custody for Colorado

Q: I have a court order to split children for taxes but they spend the majority of the time with me. How do I change that?

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1 Lawyer Answer
Sabra M. Janko
Sabra M. Janko
  • Divorce Lawyer
  • Colorado Springs, CO
  • Licensed in Colorado

A: You could file for a modification of child support based on a substantial and continuing change of circumstances if that is the case. The tricky part for a tax issue is that substantial and continuing means that there has to be a plus or minus 10% change in support. You may have tax options that the other parent does not have by virtue of being the primary parent. Both parents are responsible for a portion of the child support amount in proportion to the number of overnights, though only one parent pays the other.

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