After what can feel like an eternity, receiving a divorce decree often feels like the final chapter in a difficult process. Once the judge signs the decree, many people assume that the terms are permanent. However, rarely does life stay the same after a divorce. Parents change jobs, move to new cities, remarry, or face unexpected financial shifts. Children may develop new needs as they grow older and sometimes require different parenting arrangements than those that worked when the decree was issued. Courts allow certain parts of a divorce decree to be modified even after the case is finalized. However, modifications are not automatic. For a change to be effected, you must show that the circumstances justify modifying the existing order. If your situation has changed and the terms of your divorce no longer reflect reality, our family law attorneys at Jones Law Firm, P.C., can help determine whether a modification is possible and guide you throughout the process.
Understanding Post-Divorce Modifications in Colorado
When a divorce is finalized, a court issues a decree outlining each party’s responsibilities and rights. While these orders are legally binding, they are not always permanent. Over time, circumstances may arise that make the original arrangement impractical or unfair.
For example, a parent may lose a job and struggle to meet the existing child support obligations. In other situations, one parent may relocate, or a child may develop new medical or educational needs that require adjustments to a parenting plan.
When this happens, Colorado law allows a party to request an alteration of the existing order. This is done by filing a motion to modify with the same court that issued the original decree. The court then reviews supporting evidence and determines whether modifying the order is legally justified.
When Can You Modify a Custody Order?
In Colorado, custody includes both decision-making authority and parenting time. Courts do not change these arrangements lightly because they recognize that stability is critical for children. If a request is based solely on a parent’s convenience, it may not be enough to justify a modification.
However, modification may be allowed if you can demonstrate that there has been a substantial and continuing change in circumstances since the last order was entered. For example, you can modify a custody order if one parent develops substance abuse issues that affect the child’s safety or if a parent plans to relocate a long distance away. In all cases, the court’s focus is on the child’s best interests.
The Two-Year Rule for Major Custody Changes
Colorado also has a limit on how often a major custody change can be requested. Generally, courts will not consider a significant modification to custody within two years of the last order, unless there is an urgent concern for the child’s safety or welfare.
However, minor adjustments such as holiday schedules or exchange times may still be considered earlier, especially if both parents agree to the change.
Modifying Parenting Time and Parenting Plans
Parenting time refers to the schedule that determines when each parent spends time with the child. Parenting time modifications in Colorado are governed by Colorado Revised Statutes §14-10-129. Under this law, courts may modify parenting time whenever the change would serve the child’s best interests.
Common situations that may lead to a parenting plan modification include:
- Significant changes in a parent’s work schedule
- Conflicts between the current schedule and the child’s school or extracurricular activities
- A parent moving to another city or state
- One parent repeatedly failing to follow the existing plan.
Modifying Child Support
Under Colorado Revised Statute §14-10-122, a court may modify a child support order if there has been a substantial and continuing change in circumstances. Several situations may justify a modification request.
For example, one parent’s income may increase or decrease significantly, a child may develop medical needs, or the parenting schedule may change in a way that affects financial responsibilities.
When considering a request for child support modification, courts typically look for meaningful changes rather than short-term fluctuations. If your circumstances have clearly shifted, the court may consider changing the support order so that it better reflects the child’s needs and your financial situation.
The Legal Process for Requesting a Modification
The process for modifying a divorce decree typically follows several steps, as discussed below.
- File a Motion To Modify
To begin the process, the requesting party must file a motion to modify with the court that issued the original decree. This motion explains the requested change and why it is necessary.
- Provide Supporting Evidence
Next, the requesting party must provide evidence to support the request. This could include financial records, employment documentation, school or medical records, or proof of relocation.
- Mediation or Negotiation
In most cases, courts encourage parents to resolve disputes through mediation or negotiation before a formal hearing can be held. If an agreement is reached at this stage, the court reviews the arrangement and approves it.
- Court Hearing
If the parties cannot agree, the case may proceed to a court hearing. Here, the judge evaluates the evidence and determines whether the modification meets Colorado standards.
Why Legal Guidance Is Essential in Post-Divorce Modifications
Post-divorce modification cases can quickly become complicated. The parent requesting a change must prove that circumstances have shifted enough to justify altering an existing court order. This means gathering evidence, meeting legal standards, and presenting a persuasive argument.
An experienced family law attorney can evaluate whether your situation qualifies for a modification, help collect the necessary documentation, and represent your interests during negotiations or proceedings. Skilled legal representation is key in protecting your child’s well-being and pursuing a solution that reflects your circumstances.
Contact an Experienced Post-Divorce Modification Attorney
Post-divorce modifications can be complex, especially when custody, support, or parenting plans are involved. Even when parents agree that a change makes sense, it’s crucial to formalize that agreement through the court to make it legally enforceable. If circumstances have changed since your divorce decree was entered, we can help you understand your options. At Jones Law Firm, P.C., our experienced family law and divorce attorneys help clients review their current orders and guide them through every step of the modification process. And we can help you with that as well. If you believe your divorce order no longer reflects your reality, contact us today for expert guidance on the next steps.