POST DECREE MODIFICATION
ATTORNEYS IN COLORADO
When couples go through a divorce in Colorado, the court issues a final decree that outlines the terms of the divorce, including division of assets, child custody, and support arrangements. However, as time goes on, circumstances may change, and what was once agreed upon may no longer be feasible or fair. That's where post decree modification attorneys come in.
At Modern Family Law, our Colorado legal professionals specialize in helping individuals modify their divorce decree after it has been finalized. Whether you need to adjust child custody arrangements, modify support payments, or divide assets differently, a post decree modification attorney can help you navigate the complex legal system and ensure that your new agreement is fair and legally binding. Learn about post decree modifications in Colorado below, including:
Our experienced Colorado divorce attorneys want to help you take control of your future. They are here to guide you through the post decree modification process and ensure that your rights and interests are protected. With their guidance, you can move forward with confidence, knowing that your divorce agreement is up-to-date and reflective of your current circumstances.
WHAT IS A POST DECREE MODIFICATION
A post-decree modification in Colorado is a legal process that allows either party to request a change to an existing court order in a family law case. This can include modifications to child custody, child support, spousal support (alimony), or parenting time.
After a divorce or legal separation, circumstances may change that make it necessary to modify the original court order. For example, a parent may lose their job and be unable to pay the same amount of child support, or a child may have new medical needs that require a change in custody arrangements.
To request a post-decree modification in Colorado, a party must file a motion with the court and provide evidence to support their request. The court will then schedule a hearing to review the evidence and make a decision about whether to grant the modification.
WHEN CAN I GET A DECREE MODIFICATION
IN A COLORADO?
In Colorado, you can request a post-decree modification when there has been a substantial and continuing change in circumstances that warrant a modification to the original court order. This applies to any family law order issued by the court, including those related to child custody, child support, spousal support (alimony), and parenting time. Some examples of circumstances that may warrant a post-decree modification include:
1. A significant change in income or financial circumstances of either party, such as job loss, promotion, or demotion.
2. A change in the child’s needs or circumstances, such as a change in medical or educational needs.
3. A relocation of one of the parties, which may impact parenting time or the child’s best interests.
4. A change in one party’s ability to care for the child, such as a substance abuse problem or mental health issue.
5. A failure to comply with the original court order, such as a parent consistently denying the other parent their parenting time.
To obtain a post-decree modification, you must file a motion with the court and provide evidence to support your request. The court will review the evidence and make a decision based on the specific facts of your case and the best interests of the child. It is important to note that a post-decree modification is not automatic and you must demonstrate a significant change in circumstances since the original order was entered.
WHAT ASPECTS OF A FINAL DIVORCE DECREE
CAN BE MODIFIED IN COLORADO?
In Colorado, certain aspects of a final divorce decree can be modified, including:
1. Child Custody: If there has been a substantial and continuing change in circumstances, a court may modify a child custody order. This could include changes in the child’s needs, a change in one parent’s ability to care for the child or a relocation of one of the parties.
2. Child Support: A court may modify a child support order if there has been a substantial and continuing change in circumstances, such as a significant change in the income of either party or a change in the child’s needs. A rebuttable presumption exists that a 10% or more change in the child support obligation is sufficient to meet this standard, provided the circumstances are substantial and continuing.
3. Spousal Support (Alimony): A spousal support order may be modified if there has been a substantial and continuing change in circumstances, such as a change in the financial situation of either party, a change in one party’s health or earning capacity, or a change in the duration of the original order.
4. Parenting Time: If there has been a substantial and continuing change in circumstances, a court may modify a parenting time order. This could include changes in the availability or schedule of one of the parties or a failure of one parent to comply with the original order.
It is important to note that a modification to a final divorce decree is not automatic and the requesting party must demonstrate that there has been a significant change in circumstances since the original order was entered. Additionally, the court may consider factors such as the child's best interests when making a decision about a modification.
WHAT OUR CLIENTS SAY ABOUT OUR
EXPERIENCED POST DECREE MODIFICATION LAWYERS IN COLORADO
FREQUENTLY ASKED QUESTIONS ABOUT
POST DECREE MODIFICATION IN COLORADO
Should I Immediately Seek A Modification In Court?
It is advisable for parties to attempt to resolve any issues related to the original divorce decree outside of court, usually through negotiation or mediation. Many divorce decrees even require parties to mediate any non-emergency issues before filing a motion in court. This approach can save both time and money for all involved. Moreover, reaching an agreement outside of court can reduce stress for the entire family and lead to a swift resolution during an otherwise challenging time. Engaging an attorney can be helpful in understanding one’s rights and facilitating negotiations with an ex-spouse.
Can I Get More In Child Support Or Maintenance If My Ex Gets A Raise?
While not guaranteed, it is possible to obtain an increase in child support or maintenance payments if your ex-partner receives a raise. In such cases, a substantial raise may be deemed a “change in circumstance,” which could serve as grounds for modifying the original order. In the case of child support, this usually requires demonstrating a change of at least 10% in the amount of support owed for the modification to be granted, and the change must be continuous, rather than a one-time payment or bonus.
Does Alimony End If My Ex Remarries?
Under certain circumstances, it is possible to stop paying periodic alimony to your spouse. If you are providing periodic alimony payments and your ex-spouse remarries or enters into a civil union, you are no longer required to make payments, unless a prior agreement to the contrary was reached during the divorce proceedings. To determine how this may apply to your particular situation, it is advisable to seek legal counsel.