After a court has made the final decision regarding a case (either by adopting the agreement of the parties as an order of the court; or following a contested hearing and issuance of orders by the court) some of the orders may require modification. These desired modifications usually have to do with allocation of parental responsibility, child support, or spousal support. At KHM Law 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.
How To Modify Parenting Time in Colorado
If you are looking to modify an allocation of parental responsibility order, then you must provide the court proof that your circumstances have changed since the original orders/agreement were adopted. 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.
There can be many reasons for the court to modify parenting time, to include:
- Are moving to a new state and the current allocation of parental responsibility agreement will no longer work;
- Believe the child’s current living situation to be unsafe;
- Believe the child is struggling in school due to the other parent’s actions or negligence; and/or
How Do I Modify My Child Support Payments?
Similarly to modifying APR 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.
What consists of a change in circumstance:
- A substantial change in income (increase or decrease);
- A change in the number of overnights each parent has;
- An increase in childcare (or certain other child related) 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 sign it, we will file this document with the court.
How Do I Modify My Spousal Support Payments?
It is common for spousal support to have a defined end date. For example, support may end if the receiving spouse gets remarried or the original judge may have decided to grant support for only certain number of months and years. Sometimes, you may need a modification in your spousal support order due to factors not foreseen at the time the order was issued. At KHM Law, we can help you gather the evidence to 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 is to file motion to modify or terminate the current spousal support obligation. 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 or termination. We understand that this process can sometimes be difficult and will guide you through every step.
