Modifying Court Orders in Colorado
Finalizing your divorce or custody case does not mean the end of your family law issues. Sometimes, issues arise that require changes to existing court orders (especially when children are involved). In Colorado, you can request such a modification through the courts. You must demonstrate a substantial change in circumstances for the court to modify the existing order.
What Types of Orders Can Be Modified?
You can seek several types of modifications to existing court orders. Common types of family law modifications include:
Parental responsibilities: (Child custody / Parenting time / Decision-Making): A modification to child custody refers to changes to your child’s legal or physical custody arrangements. Child custody modifications can alter the primary custodial parent, joint custody, or parenting time schedules.
Child support: A modification to child support refers to adjustments in the amount of child support payments made by a parent. Child support can be modified due to a substantial change in financial circumstances or if a change in child custody or visitation warrants modifications to a current order.
Spousal support: A modification to spousal support (alimony) refers to changes in the amount or duration of alimony payments made by one spouse to the other. A spousal support modification may be warranted if a party’s financial circumstances change due to a career change, job loss, or remarriage.
Property division: A modification of property division refers to changes in how marital property is divided. Property division modifications may be sought if there are significant changes in the value of marital assets or allegations of fraud or misrepresentation during the property division process.
When can prior orders be modified?
Generally, prior orders can be modified when there is a substantial and continuing change in circumstance from when the Court issued the original order. Common reasons for modifying existing orders include:
Change in financial circumstances: This can include a loss of employment, a significant decrease in income, an increase in expenses related to childcare, education, or medical needs, or a change in either spouse’s financial situation that affects their ability to comply with the existing court order for child support, spousal support, or other financial obligations.
Change in employment status: This can include a promotion or job transfer, affecting one parent’s work schedule or ability to fulfill parenting responsibilities, or a change in employment status, such as transitioning from full-time to part-time employment or starting a new job with different hours.
Changes in child’s needs: This can include significant changes in your child’s health, education, or developmental needs, changes in their extracurricular activities or schedule that affect visitation arrangements, or concerns about their safety or well-being in your current custody arrangement.
Parenting time or custody disputes: This may include allegations of parental alienation, interference with parenting time, or concerns about your child’s relationship with one parent, leading to requests for changes to custody or visitation arrangements.
Change in residence: This can include the relocation of one or both parents, affecting their ability to comply with the existing court order, or a change in residence or living arrangements of the child, such as moving in with a new partner or family member.
Relocation: This can include when the parent with primary custody wishes to relocate to another location with the child, which may necessitate modifications to the existing parenting plan, including changes to custody arrangements, visitation schedules, and transportation arrangements.
Change in relationship status: This can include the remarriage of one spouse or a spouse cohabitating with a paramour or lover.
Health-related issues: This may include a severe illness, disability, or medical condition affecting a parent or your child, or changes in medical insurance coverage or your child’s healthcare needs.
Substance abuse or domestic violence: This may include allegations of substance abuse or addiction by one parent, affecting their ability to provide a safe and stable environment for your child or concerns about domestic violence or abuse impacting your child’s or your safety and well-being.
Colorado courts consider the child’s best interests when evaluating modification requests involving custody, visitation, child support, and parental responsibilities. It is essential to consult with an attorney to understand your rights and options regarding modification to existing court orders. If your or your child’s situation has changed and the prior orders are no longer working, it may be time to seek a modification. Let’s start a conversation about how I can help you navigate the process of modifying your current court orders.