Do You Need to Change Your Divorce Agreement?

In the years after your divorce, you may need to change the terms of your divorce agreement. You will have to ask a Colorado court to approve any modification, and you will need the advice, insights, and services that a Colorado Springs divorce attorney offers.

You or your ex-spouse may remarry, relocate, or experience other significant life changes. Over time, even if you have a “final” court order that resolves child custody, child support, and alimony disputes, changing circumstances may require a modification of that court order.

If your ex seeks to modify a child custody, child support, or alimony order and you do not believe the modification is necessary or warranted, you should ask a Colorado Springs divorce lawyer to explain to the court why the proposed modification should not be granted.

What is Required to Modify a Spousal Maintenance Order?

Alimony is called “spousal maintenance” or “spousal support” under Colorado law. To modify a spousal maintenance order in this state, the ex-spouse requesting the modification must prove there has been a material change in financial circumstances.

Everyone’s life changes over time, so spousal maintenance orders sometimes must be changed, but a Colorado court will only approve the modification of a spousal maintenance order for substantial reasons, including but not limited to:

  1. The party receiving spousal support has remarried or is cohabiting.
  2. Either party’s income has significantly changed.
  3. Either party has suffered a serious illness, sustained a serious injury, has become unemployed, or has received a criminal conviction.
  4. Either party has become the parent of a new child with another partner.

If you need to modify your spousal maintenance order, or if your ex is seeking a modification of the order and you believe no modification is warranted, promptly schedule a consultation to discuss the proposed modification with a Colorado Springs divorce attorney.

When Do Colorado Courts Issue Child Support Orders?

After most divorces in Colorado, the court orders the non-custodial parent to pay child support regularly to the custodial parent. In Colorado, child support payments typically end when a child turns age 19 or becomes emancipated.

If the child is still in high school at age 19, child support payments may continue until graduation or until the child’s 21st birthday. Emancipation may occur if the child gets married, joins the military, or is emancipated by a court before turning 19.

When divorcing parents do not agree on a child support arrangement, the court uses the state’s child support guidelines to issue a child support order based on the parents’ assets, incomes, and the amount of time each parent spends with the child or children.

When Will a Court Modify a Child Support Order?

The parent who seeks to modify a child support order must prove to the court that life changes have made the original order impractical or obsolete. The court may modify a child support order for reasons including but not limited to:

  1. a parent’s job change, promotion, demotion, or unemployment
  2. a parent’s or child’s severe injury or illness
  3. a parent’s criminal conviction and incarceration
  4. the birth of a new child with another partner
  5. a change in the child’s educational, medical, or childcare needs

If the parent who seeks to modify a child support order can prove circumstances have substantially changed, the court may approve an increase or decrease in the dollar amount of the payments, termination of the payments, or any other necessary modification.

How Do the Courts Handle Requests to Modify Child Custody Agreements?

Colorado courts do not approve child custody modifications for frivolous or trivial reasons. The life change that prompts a modification request must be considerable, and the modification must align with the court’s highest priority in these cases – the best interests of the child or children.

Parents may seek a custody modification when the other parent repeatedly fails to adhere to the current agreement or when a parent believes the agreement puts the child or children at risk. Additionally, a parent may seek to modify the court’s child custody order if:

  1. Either parent’s income significantly changes.
  2. One parent sustains a serious injury or suffers a severe illness.
  3. One parent receives a criminal conviction or becomes unemployed.
  4. One parent needs or wants to relocate to another jurisdiction.
  5. The time a parent spends with the child or children has significantly changed.
  6. One parent marries again or becomes the parent of a newborn with a new partner.
  7. Any situation arises that significantly affects either parent or the child or children.

In most cases, before a custody modification is approved, a Colorado court will ensure the modification allows the child or children to continue a meaningful, ongoing relationship with each parent.

Should You Consider the Mediation Option?

If there is a dispute about an alimony, child support, or child custody modification request, ask your Colorado Springs divorce lawyer about mediation. In mediation, ex-spouses often resolve disputes without the expense and potential acrimony of a court proceeding.

Mediation encourages divorced parents to work together to modify the court’s order. If parents can agree on a new plan, that plan is then scrutinized by the court and may be approved by a judge.

Take Your Modification Request to The Lux Law Firm

If you are a divorced parent in the Colorado Springs area and need to modify the court’s alimony, child support, or child custody order, your first step is seeking legal advice and representation from an award-winning attorney at The Lux Law Firm.

We represent clients in Colorado Springs and across El Paso County, and we’ve built a reputation for extraordinary client service. We also handle divorces and domestic violence cases, and we have considerable experience resolving the most challenging family law disputes.

To learn more about modifying a court order after your divorce, call The Lux Law Firm at 719-451-7469 to schedule a no-cost case evaluation. The Lux Law Firm will review your situation, discuss your options, and take the appropriate legal action on your behalf.