Colorado Courts Do Not Allow Informal Agreements to Modify Child Support

People incorrectly assume that as parents, they can make informal agreements between themselves to modify or even terminate a child support obligation. However, Colorado Courts do not allow this. In fact, the Colorado Court of Appeals recently affirmed the long-standing rule that such agreements are not binding because child support is a right of the child, and not a right of the parent.

In the In re Marriage of Gallo case, 2024 COA 86, the father relied on the mother’s email that he did not need to pay child support after health concerns caused him to have financial issues.  Fifteen years later, just before the child emancipated, the mother sought a judgment against the father for the unpaid support totaling $233,025.  The Court of Appeals found that the mother’s statement to the father did not constitute an agreement because parents lack authority to unilaterally waive or modify child support since child support is a right of the child, not a right of the parent.

Parents are often shocked to learn that their informal agreements to modify or terminate child support, even when made in writing, are not enforceable,.  If you find yourself in a similar position as either party in the Gallo  case, it is imperative that you speak to one of our experienced family law attorneys today.  Call Bloch & Chapleau at 303-331-1700 to speak directly to an attorney.