MODIFICATION OF DECREES AND EXISTING ORDERS

Orders entered in your divorce or custody case many years ago do not always serve your family now. Sometimes Orders need to be changed right away. Perhaps your children’s needs have changed, your needs have changed, or a big life change has occurred which means a change in parenting time or child support. Perhaps your ex is earning significantly more than he or she was before, so child support needs to be increased. Maybe the other party is failing at parenting your children appropriately or safely, so decision-making and parenting time need to be readdressed. There are a number of reasons that a modification could be appropriate in your case. One of our Denver family law attorneys can review your Orders and help you decide whether pursuing a modification of parenting time, child support, decision-making or maintenance is right for you. Our attorneys have over a decade of experience in post-decree modifications and can help you pursue the Orders you need.

FAQs:

  • In Colorado, it depends on the Orders that you are trying to modify. In some cases, you can only modify parenting time orders every two years, or when there is endangerment present, or when it is in the best interests of the children.

    Financial orders may or may not be modifiable depending on how they were written. If your maintenance is not “contractual,” you should be able to modify it. If you believe the other party did not disclose an asset, then you have five years to notify the Court.

    Child support is always modifiable in Colorado, and at any time, so long as you meet the minimum change required.

  • Yes. If you do not ask for child support to be modified, then it is unlikely to be modified unless the other party makes the request. Also, if child support would not be impacted more than 10%, then it may not be modified. It is always worth knowing the risk of modifying parenting time to know what amount of child support could be impacted. In Colorado, child support is impacted by a number of factors, not just parenting time, so child support may not be modified even if parenting time is.

  • In Colorado, a child is endangered when he or she is in imminent emotional or physical danger by a parent’s parenting time. If your child is experiencing imminent emotional harm because of contact with the other parent, or if they are in physical danger during parenting time, a restriction of parenting time may be appropriate.

    Endangerment is not a modification, though they often end up in modifications. Endangerments need to be addressed quickly and accurately. Contact an attorney today if you believe there is endangerment and we can walk you through the process. We are often able to file a restriction within a day of being hired.

Hear from past clients

  • “Mr. Palmer assisted me with my divorce. At the time I reached out to him things were messy and I didn’t have representation. i was frustrated and emotional. Mr. Palmer was very empathetic and compassionate. He provided me with sound, non-bias, empathetic legal advice. He was a kind voice of logic when I was emotionally driven by all of the things surrounding my divorce. At the end of the day, things worked out as best as they could have, and it wouldn’t have been possible without Mr. Palmer. I highly recommend him. For anyone, but as a female, I definitely felt heard and respected.”

  • “Outstanding representation. Rachel Palmer did a great job staying on top of my case, and remembering all of the details. I truly felt I was her only client although she had other cases. I was always impressed by her preparation, her eloquence representing me before the judge, and vs. opposing counsel. Thoroughly answered all of my questions, and laid out all of the options along the way. Great knowledge of the law, process and possible delays and pitfalls. I highly recommend Rachel Palmer.”

  • “Calm but very nice. Mrs. Palmer is a wonderful attorney! Calm but does not back down! I went through a difficult divorce, but whenever I called her she would reassure and she was always honest with me even if that meant not looking good for us. I would recommend her to anyone who needs not only a great attorney but also a support system during the unknown which comes with divorce.”

  • “Accurate, painless and efficient - 5 stars. Michael was a beacon of hope at a time when my options appeared limited and the likelihood of a satisfactory resolution seemed almost impossible. His calm, empathetic demeanor offered buoyancy and confidence. I am eternally grateful for his professionalism and happily recommend him without reservation.”

  • “5+ years of representation. Michael has represented me for over five years through multiple family matters. I have followed him as he has moved firms and advanced his career. Michael has always given me the best advice and guidance and has helped me through the toughest of situations. I feel guilt for all of the issues he has had to deal with on my behalf. I would recommend Michael to anyone facing difficult family matters. i don’t know what I would do without Michael.”