Modifications to Spousal and Child Support Orders in Parker, CO
Your family’s circumstances change over time. We can help you seek modifications to court orders to better reflect your current situation.
Having any aspect of your family relationship dictated by a court order can sometimes feel limiting. A spousal support or child custody order that once reflected your circumstances may no longer make sense due to significant changes in any party’s situation. You may decide to seek a modification of these orders to better match your new circumstances.
Our attorneys at Palmer Family Law guide clients through the legal process of modifying court orders. We can help you understand whether a judge might consider a modification in your case and, if so, walk you through the process. We can also help you dispute unwanted modifications in court.
Types of Family Court Orders That Can Be Modified in Colorado
Many court orders are modifiable in Colorado. You may be able to seek a modification for:
- Child support orders
- Parenting time orders
- Spousal maintenance orders
There are also a few types of orders that may not be able to be altered after a judge has finalized them, such as:
- Property settlement orders after the divorce decree is finalized
- Non-modifiable spousal maintenance agreements
Orders regarding decision-making responsibilities can be modified, but doing so is usually challenging. A court may only modify this type of order if a substantial and continuing change in circumstances has occurred.
If you wish to modify a court order, you will have the burden of proof to show the judge that the modification is necessary under new circumstances. Our attorneys can help you understand more about this legal process.
The Process for Modifying Family Court Orders in Colorado
The protocol for changing court orders varies slightly depending on the type of order. Our attorneys can provide more specific guidance depending on the circumstances of your proposed modification.
Generally, the legal process for post-decree modifications includes these steps:
- Filing a motion with the court that issued the original order
- Serving the other party
- Attending a court hearing
- Presenting evidence supporting the need to change the order
If the judge agrees to the modification, they will create a modified order to replace the original one.
In some cases, the court may require both parties to attend mediation to attempt to resolve disputes over the proposed modification before attending a court hearing.
Having an experienced attorney on your side can help you build a strong case for support or custody modifications. We’ll help you understand the types of evidence a judge would consider.
Reasons To Seek Custody Modifications
You may wish to seek parenting time changes or decision-making responsibility modifications for a range of reasons. Normally, the need for modifications arises from a substantial change in circumstances, such as:
- One parent is relocating out of state or a significant distance from the other parent.
- One parent’s work schedule has changed, making it difficult to adhere to the current arrangement.
- One parent’s financial situation has changed, and they are now unable to reliably provide for the child’s needs.
- Either parent has remarried or entered a new relationship that has impacted the dynamics of the household.
- One parent has shown signs of abuse or neglect.
- One parent is experiencing serious health issues.
- The child’s needs or preferences have changed.
- One or both parents have shown a failure to effectively co-parent or are attempting to turn the child against the other parent.
Any of these circumstances could demonstrate a need to modify the current order to better accommodate the change in the family’s situation.
Reasons To Modify Support Orders
Clients sometimes request a modification of spousal maintenance or child support orders if their financial situation has changed. A few reasons to seek these modifications may include:
- Changes in income due to job loss, change in work hours, promotion, disability, etc.
- Changes in the recipient’s needs. For child support, increased medical expenses or educational costs might warrant a need for additional support from the non-custodial parent. For spousal maintenance, the recipient may no longer have a need for support once they begin earning more income or get remarried.
Seeking a support modification without significant changes in circumstances may be unsuccessful. The judge determined the support order based on a range of factors. If those factors have not changed, they may be unwilling to modify the order unless all parties are in agreement.
Proving a Change in Circumstances To Support a Modification of Court Orders
The burden of proof is on the party seeking the modification. Thankfully, major changes in a person’s or family’s circumstances typically come with some sort of evidence. For example, changes in jobs or income often create documentation, such as pay stubs or company communications, that could serve as evidence.
Along with needing to prove that a change of circumstances exists, you would need to show that the change is substantial and ongoing, not temporary. For instance, a temporary change in hours at work would not warrant a modification of court orders.
Our attorneys will advise you on how effective your modification case might be. We can help you determine the types of evidence available and use our 10+ years of experience in family law to estimate your chances of a successful modification.
How Soon Can You Request a Modification After a Final Order?
When requesting child support modifications or custody modifications, you may also need to adhere to certain waiting periods. Our attorneys can advise you on how soon after receiving a final court order you can request a modification.
In Colorado, a two-year waiting period applies after filing a previous motion to modify a custody/decision-making responsibilities order. This is why it is important to request modifications that will reflect your circumstances long-term rather than temporary adjustments to your schedule or residence.
If the court finds that the current order endangers the child, it will waive this waiting period.
No waiting period applies to child support or spousal maintenance modification requests.
Responding to Modification Requests From the Other Parent or Ex-Spouse
If you were served with a request for modification from your ex-spouse or your child’s other parent, consult our attorneys about how to proceed. You will need to file a formal response to the request; if you fail to respond, the judge may assume that you agree with the modification and issue the request.
Review the proposed modification with your attorney and determine whether your situation meets the criteria for modification. If you agree with the proposed change, you can potentially avoid going to court. If you disagree, your attorney can help you determine what evidence to use against this request.
You may need to file the formal response within 21 days, depending on the type of order being modified. Speak with our attorneys soon about how to respond.
Seek Legal Guidance With Modifications of Family Court Orders
When your family is subject to court orders regarding child custody, child support, or spousal maintenance, you may feel these essential processes are outside your control. However, the court enables parties to request modifications when their circumstances significantly change.
The idea of seeking a modification of a court order might feel intimidating. Our attorneys can provide guidance and clarity through this process.
We can help you determine whether you meet the requirements for a modification and explain the steps involved. Contact Palmer Family Law today at 720-399-7434 to request a free consultation with our Parker, CO, family law attorneys.