After a court has made the final decision regarding a case, some orders may require modification. These orders usually have to do with child custody, child support, or spousal support and are tied with your Colorado divorce. At Knies, Helland & McPherson our attorneys are dedicated to providing skilled legal services to all our clients. We can help you determine whether your current situation warrants a modification to an order and help you come up with a plan of action.
To get started, call our office today at (719) 626-8530!
How To Modify Parenting Time in Colorado
If you are looking to modify a child custody agreement, then you must provide the court proof that your circumstances have changed since the original agreement. Additionally, you must be able to demonstrate how this modification is in the best interests of your child. This is because the court’s primary goal is to ensure a child is well taken care of. So, for example, if you would like to modify parenting time because you would like more time for yourself, the court is likely to reject your request.
The court will commonly modify parenting time if you:
- Are moving to a new state and the current custody agreement will no longer work;
- The other parent must work odd or long hours;
- Believe the child’s current living situation to be unsafe;
- Believe the child is struggling in school due to the custodial parent’s negligence; and/or
- The other married remarried and there are stepchildren to consider.
How Do I Modify My Child Support Payments?
Like child custody arrangements, you must prove there is a significant change in either you or the other parent’s circumstances that warrants a modification. Our attorneys can help you present your case and strongly advocate for your rights.
Generally, a change in circumstance include:
- A substantial change in income (increase or decrease);
- An increase in childcare expenses; and/or
- The paying parent refusing to uphold the payment schedule.
If you and the other parent can agree on modifying child custody, you may not need to step foot in a courtroom. One of our attorneys can help you draw up a mutually agreed upon payment plan and, if both parties willfully sign it, will file this document with the court.
How Do I Modify My Spousal Support Payments?
It’s not uncommon for spousal support to have a defined end date in the agreement. For example, support may end if the receiving spouse gets remarried or the original judge may have decided to grant support for only 3 years. Sometimes, you may need an alteration in your spousal support agreement due to factors neither party could have foreseen. At Knies, Helland & McPherson Law, we can help you gather evidence of your situation and effectively present your need for this modification to the court.
Common reasons people seek spousal support modifications are:
- The paying party has significant financial trouble and can no longer make the full payments;
- Both parties agree the amount to be excessive or insufficient and have reached an agreement on a new payment amount; and/or
- One party violated the terms of the agreement.
The first step to filing a spousal support modification to modify or terminate the existing agreement. Additionally, you must submit an application for this request that includes evidence to support this request. The court reviews this application and decides whether to approve the modification or deny it.
Contact Our Colorado Springs Modifications Attorneys Today
Our attorneys are well-versed in all aspects of modification law and can help you gather relevant evidence to back up this request for modification. We understand that this process can sometimes be difficult and will guide you through every step.
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