Divorce decrees in Colorado establish final decisions regarding child custody, spousal support, property division, and other legal matters. However, circumstances change, and what was once a fair and reasonable agreem...
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Divorce decrees in Colorado establish final decisions regarding child custody, spousal support, property division, and other legal matters. However, circumstances change, and what was once a fair and reasonable agreement may no longer work for one or both parties. If you believe your divorce decree is unfair or outdated, you may be wondering whether you should modify the decree instead of filing an appeal.
While appealing a divorce decree is an option, it is often a lengthy and difficult process. Instead, modifying certain aspects of a divorce decree may be a more practical approach. A Denver divorce lawyer can help you determine whether you qualify for a modification and guide you through the process.
Colorado law allows for modifications to certain aspects of a divorce decree, including child custody, child support, and spousal maintenance (alimony). However, property division is generally not modifiable, except under very limited circumstances such as fraud or hidden assets.
Unlike an appeal, which challenges the original court’s decision based on errors of law, a modification is based on a substantial change in circumstances that makes the existing decree unfair or impractical.
What Parts of a Divorce Decree Can Be Modified?
Child Custody and Parenting Time
If one parent relocates, experiences a significant life change, or is unable to provide proper care, the court may modify custody agreements.
The modification must be in the best interests of the child, per C.R.S. § 14-10-129.
Child Support
A modification may be granted if there is a substantial and continuing change in financial circumstances, such as a job loss or increase in income.
Colorado courts require that the change results in at least a 10% difference in the current child support obligation (C.R.S. § 14-10-122).
Spousal Maintenance (Alimony)
If one party experiences a significant financial change, such as job loss, disability, or remarriage, they may request a modification.
Some alimony agreements may be non-modifiable, depending on the original court order.
What Cannot Be Modified?
Division of marital property is generally final and not subject to modification unless fraud, misrepresentation, or a failure to disclose assets is proven (C.R.S. § 14-10-122(1)(a)).
If the parties agreed in writing that spousal maintenance is non-modifiable, the court will generally uphold this agreement.
An appeal is appropriate if you believe the judge made an error in the original ruling, such as misinterpreting the law or overlooking critical evidence. Appeals must be filed within 49 days of the final decree, and the process is complex and time-consuming.
A modification is the better option if your circumstances have significantly changed since the original decree. The court will only consider modifications if there is clear evidence that the change is substantial and ongoing.
If you are seeking a modification, follow these steps:
Consult a Denver Divorce Lawyer
A skilled attorney can assess your situation, help gather necessary documentation, and build a strong case for modification.
File a Motion for Modification
You must file a formal request with the Colorado family court explaining why the modification is necessary.
Provide Evidence of Changed Circumstances
Examples include job termination, relocation, medical issues, or changes in the child’s needs.
Attend a Court Hearing (if Required)
The judge will review the case and determine if the modification is justified.
Receive the New Court Order
If the modification is approved, the court will issue an updated decree reflecting the changes.
Navigating the modification process requires a solid understanding of Colorado family law. Whether you are seeking to change child custody, adjust spousal support, or modify child support payments, having an experienced Denver divorce lawyer on your side can make a significant difference.
If you need help modifying your divorce decree, contact a Denver divorce lawyer today to discuss your options and protect your legal rights.
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