It is only natural for life to change in major ways in the months and years following a divorce. Whereas your life as a married person may have been headed very decidedly in one direction, everything may now be different. It is not uncommon to consider a career change or a move to another city or state. Your social situation has shifted, you most likely have very different financial obligations, and perhaps you even meet someone new. Beyond the changes that you choose to make yourself, life may have thrust unwanted changes upon you, such as with a job loss, a major medical event, or the need to move in order to support an ailing family member.When the terms of the court orders that you received at the conclusion of your divorce have become onerous and are now presenting a major barrier to your success and happiness, you can come to The Becker Law Firm in Denver for help. We may be able to help you petition the court for a formal modification to the orders concerning child custody, visitation, child support or alimony. We have extensive experience working in the family law courts throughout Colorado, and we are ready to take action on your behalf in the Denver courts too.

Examples of Situations that Call for a Modification

The court orders issued in a dissolution of marriage are legally binding and have the force of law for the parties named therein. For this reason, the judge will not be willing to approve your request if it appears to be frivolous or even spiteful. In a case of parental relocation, for example, it is often necessary to prove that the custodial parent is not merely trying to deprive the other parent of the ability to exercise rights of visitation, and that the move is objectively necessary.

Need a Lawyer to Help Modify Your Divorce Terms?

A request for modification to orders concerning payment of spousal support or child support may be approved when it is based on the fact that the recipient now requires more support due to a job loss or pay cut, or conversely, that the paying party has fallen into financial hardship and can no longer afford to maintain the obligation. Don’t take chances with your request for a modification by attempting to handle the matter on your own. Let our Denver divorce modification specialists advocate on your behalf and present a compelling argument to the judge. Bring your case to us for an initial consultation to discuss the matter and learn whether you may have grounds to request a post-decree modification.

Can you change a CO divorce Permanent Orders?

People’s lives change. What once worked at the time of your divorce in regards to parenting time, child support and spousal maintenance may not make sense anymore. You can modify your Colorado divorce agreement under certain circumstances.

Can you modify a parenting plan?

Yes. Maintaining and documenting contact with your child(ren) is essential to a successful modification of custody or parenting plan. If you observe developments that cause you to be concerned, be prepared to demonstrate to the court your active involvement in your child(ren)’s lives. If a parent is actively involved with their child(ren), and can demonstrate that involvement – financially and otherwise – the court is more likely to consider their motion than a parent who rarely interacts with their child(ren) on any level.

Can we modify without going to court?

While many divorced couples make changes to their parenting plan on their own and without court involvement, problems sometimes do arise, and the parties are left to unravel the mess. Usually one party argues that a certain course of action should occur based on their past conduct while the other party argues that they should refer back to their divorce agreement. Even if the changes are amicable, it is best to get all post-divorce modifications finalized through the courts.

When can child support be modified?

If your financial situation has changed substantially since your divorce, you may be entitled to an increase or decrease in child support.

What factors does the court consider in addressing a modification?

Child support modifications are governed by statutory section, C.R.S. 14-10-122. The key to child support modifications, as set forth in statute, is that a ‚Äúsubstantial and continuing change in circumstances‚ÄĚ has occurred. This can be quantified in a numerical sense in that child support is modifiable if the monthly child support obligation changes, up or down, by 10% or more.

Whether a 10% or more change occurs depends on changes in the factors that lead to a monthly child support calculation. Factors such as changes to income, change in overnight visitation, changes to health insurance, etc. It is not uncommon for our clients to either need, or be faced with, a modification of child support due to their own job loss or the loss of employment by the other party. Child support is generally modifiable retroactively to the date a motion is filed. Thus, it is important to seek a change when circumstance warrant, without waiting. Child support can also be modified retroactive to the date that an agreed upon change in custody of a child occurs. In Colorado, child support modifications generally can occur up to the child emancipating at age 19.

How can The Becker Law Firm help with modification needs?

We work with our clients to identify how the law applies to their situation and to assist them in seeking modification of the existing orders. We have extensive experience and will aggressively and zealously advocate for your interests.