Family law matters are complex, and the initial judgments made in divorce and custody cases may not always serve the parties’ interests indefinitely. Life changes can bring about the need to alter these initial decisions.
These changes are referred to as post-decree modifications and are common in Colorado family law. This article aims to provide some basic guidelines on post-decree modifications in Colorado.
What are Post-Decree Modifications?
Post-decree modifications are changes made to the orders of a divorce decree after the decree has been finalized. These changes may pertain to child support, child custody, alimony (known as “maintenance” in Colorado), or other aspects of the divorce agreement.
When Can a Post-Decree Modification Be Made?
In Colorado, a post-decree modification can be made if there has been a significant and continuing change in circumstances.
These changes must be substantial enough to make the current order unfair or unworkable. Some examples include a significant change in income, relocation, remarriage, changes in a child’s needs, or other major life events.
It is important to note that modifications cannot be made simply because one party is dissatisfied with the initial divorce decree. There must be compelling reasons to warrant a change.
Types of Post-Decree Modifications
1. Child Support Modifications
Colorado law allows for modification of child support orders if there is a significant and continuing change that would result in at least a 10% change in the amount of child support due each month.
2. Child Custody and Parenting Time Modifications
In Colorado, modifications to child custody (known as “parental responsibilities”) and parenting time can be made if the court finds that the changes are in the best interests of the child.
The court will take several factors into account, including the child’s wishes, the child’s relationship with each parent, the ability of each parent to meet the child’s needs, and more.
3. Spousal Maintenance Modifications
Spousal maintenance orders can be modified if there has been a significant and continuing change in circumstances that makes the current order unfair. This could include changes in income, cost of living, or health status, among others.
How to Request a Post-Decree Modification
To request a post-decree modification, you must file a motion with the court that issued the original decree. It is strongly advised to seek legal counsel from an experienced Colorado family attorney when seeking a post-decree modification.
The legal process can be complex, and an attorney can help ensure that your case is presented in the best possible light.
It’s also important to note that until the court approves a modification, all parties must continue to adhere to the existing orders. Failure to do so could result in legal repercussions.
In Summary
Life changes, and sometimes, so must the orders of a divorce decree. The process of post-decree modification allows for adjustments to be made when significant life changes occur.
At Baker Law Group, our Denver family lawyers are experienced in handling all aspects of post-decree modifications. We understand the complexities of Colorado family law and are committed to providing the guidance and support you need during this critical time.
If you are considering a post-decree modification, we invite you to reach out to us. Let our experienced team guide you through the process and advocate for your best interests.
