Various circumstances may require changes to your original divorce decree. In Colorado, these changes are referred to as post-decree modifications. These modifications center around everyday matters such as spousal maintenance, child support, or parenting time.
Modifying Spousal Maintenance & Child Support
In Colorado, either party can request a modification of spousal maintenance (alimony) or child support. There must have been a substantial and continuing change in circumstances for this to happen. Common examples of this would include a significant increase or decrease in income or a change in your child’s financial needs.
Before the process continues, the court evaluates whether the change in circumstances is significant enough. For child support, Colorado law presumes that a 10% or more substantial change in the support obligation is sufficient to meet this standard. However, maintenance modifications are more challenging. Although we would love to provide you with more concrete numbers, these modifications depend on the original terms set out in the divorce decree. If the decree specifies that maintenance cannot be modified, you cannot adjust it regardless of circumstances. You should discuss These terms and conditions with your attorney before entering into any final agreements.
Modifying Parenting Time & Decision-Making Responsibilities
Changes in parenting time or decision-making responsibilities can also be requested post-divorce. These modifications are often sought, and parents are put in situations where they can no longer uphold their obligations. People may be forced to relocate for work, or the amount of time they dedicate to work has changed. Parents may also be concerned about their child’s welfare because their ex-spouse cannot make decisions that are in the child’s best interest.
Generally, you can request a change to your parenting time at any point after the divorce is finalized. However, changing the primary caretaker is more complex. In Colorado, there are limitations regarding how frequently they can be made, and there must be evidence that your child is in immediate harm.
What Happens If My Ex Doesn’t Comply?
Disputes may surface regarding the enforcement of the agreement. This includes asset division, spousal or child support payment compliance, or adherence to the agreed-upon parenting plan.
You have the right to seek enforcement through the courts. Contact your family law attorney, who will file a motion to hold your ex-spouse in contempt of court. Non-compliance issues might include failure to pay spousal or child support, refusal to follow the parenting plan, or not transferring assets as ordered by the court.
Enforcement proceedings can lead to wage garnishment for unpaid support, fines, or even jail time for serious violations.
Challenging a Divorce Settlement
In some cases, it is possible to challenge the terms of a divorce settlement even after it has been finalized. In these cases, there is usually evidence of fraud, duress, or a significant mistake made during the original settlement process. For example, if you discover that your ex-spouse hid assets during the divorce, you might be able to petition the court to reopen the case and redistribute those assets fairly.
Stay In Touch With Your Family Law Attorney Post-divorce legal issues can be complex and emotionally challenging. If you are dealing with a modification request or enforcement issue or believe your divorce settlement was unfair, seek legal counsel and get the support you need. Schedule your free consultation with us today.
Gasper & Romanow Legal, PLLC
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