The order passed in a child support case can be modified if there’s a considerable change in your income. The current order can be altered to meet the “best interests of the child” which are the primary deciding factor.
The basic requirement to modify an order is to establish that there’s a significant amendment in the conditions. The ultimate discretion in the case is of the judge of trial court. You may need the guidance of a local family law attorney that can lead you through the legal procedures.
What are the Types of Modifications Possible?
Our attorneys are highly experienced in dealing with post-decree modifications specific to Colorado courts. You’ll get accurate advice for one of the following modifications for your divorce case:
- Amendment to Child Custody Orders
- Changes to Asset Distribution
- Modifications to Child Support
- Amendment to Child Visitation Order
- Changes to Maintenance or Alimony
It’s important to note that adequate proof is required for any modification. Certain modifications such as alimony, child support, custody, visitations, etc are more common in comparison to orders regarding asset distribution. These are normally considered for modification only when some kind of fraud can be established.
Amendments are complicated in nature and it’s highly recommended to seek expert advice. We boast of offering the best possible counsel to all our clients.
How and to What Degree Modifications are Possible in Your Child Custody Order?
The child custody cases in Colorado are decided to preserve the best interests of the child. The custody is given to the parent who can provide the best support to the child. A modification plea to the court order generally amounts to widening/limiting or denial/establishment of responsibilities allocated to parents.
In order to get the custody order modified, the court needs to be convinced that the existing order doesn’t preserve the best interests of the child anymore. A (PRE) Parental Responsibilities Evaluator or a CFI (Child and Family Investigator) is normally appointed by the court. These agents are tasked to investigate the current situation and compile a detailed report.
This report lists the present economic, social, and emotional conditions of the parties involved. It includes clear recommendations on the allotment of responsibilities, custody, decision-making authority, etc keeping in mind the well-being of the child. This is achieved through interviews as well as checking of documents. The PRE or the CFI also interacts with the child to give him/her a clear picture of what’s happening.
Whether you’re looking to appeal for a modification to the child support order or fight such a request, you can count on our expert guidance. Our experienced lawyers will not only provide you the best legal advice but will also ensure that you get the most favorable outcome that’s possible.
How Can You Get the Child Custody Order Modified?
For the existing order to be modified, the court needs to ascertain that there’s a “definite change in conditions” after the last judgment was passed. The change should have a significant implication on the circumstances. If there have been some changes, making it inappropriate for one of the parents to maintain a similar level of contact with the child, the court may decide to modify the orders.
You may also appeal to the court if you feel that the other parent’s behavior has been irresponsible towards the child. The court could also be approached for intervention in cases where one party has infringed upon the other party’s rights.
Another instance of change in circumstances could be when the custodian parent moves away, thereby alienating the child from the other parent. Whatever be the change, once it’s proven, the court will appropriately modify the visitation or custody orders.
What’s the Correct Time to Request a Modification?
Any judgment passed by the family court is binding on all the parties involved; not following the child custody/support orders can land you in trouble. However, the law is made to do justice and if there are any substantial changes to your circumstances, the court order can be adjusted accordingly. For example, if you’ve recently lost your source of income, which makes it impossible for you to pay the child support money, you may request for modification of the order.
There’s no restriction on either the number of modifications or the time when you can apply for it. Just as your financial and/or social conditions may change anytime, you can approach the court for a modification immediately. It just, however, be remembered that your request can be successful in the court only when your changed conditions have a meaningful impact. The child support orders in Colorado can be modified by a minimum 10% if the court is satisfied.
When is a Modification to Alimony Required?
We totally understand that divorce is an excruciatingly painful event in anyone’s life. The emotional and psychological agony is tormenting enough and you don’t need a financial burden to add to it! After divorce, you deserve to have the same lifestyle, which you had while you were married. The alimony arrangement is supposed to ensure this very aspect through an equitable distribution of the financial assets between the two separating partners.
If you feel that your current alimony agreement is going against this right and is hampering your financial stability, you can request for a modification to the same. Whether you’re receiving too little an amount as alimony or are paying too much, we’re here to help! Our specialist attorneys have years of experience in dealing with such cases and can get the alimony order modified to suit your needs. A modification to the alimony agreement may be needed in the following cases:
- A recent and drastic change in income (increase/decrease).
- Unaccounted changes in expenditure on raising of the child.
- Loss of property/assets.
Can I Get the Existing Visitation and Custody Orders Modified?
A modification to the visitation order is much easier to get as compared to a custody order. The first difference is that you’re required to wait for a minimum period of two years before seeking a change to the custody order. Whereas, there’s no such need while requesting a modification to visitation arrangements. However, if you can establish that your child is some kind of danger under the present custody, you’re not bound by this limitation! The danger could be related to the physical, emotional, or mental well-being of the child.
In order to get a modification to the visitation order, you’ve to prove to the court that the amended arrangement will be better for the child’s interests. A change in the parent’s or child’s schedule could be one of the several factors for which the visitation schedule might have to be amended.
Get in touch with our highly professional lawyers to protect the interests of your child. We’ll offer you the most adept advice on how to approach your modification case in the court depending upon your details.
What’s Meant by Burden of Proof?
The burden of proof means that it’s the responsibility of the party requesting an amendment to prove to the court that the requested modification is just and considered an appropriate modification. This entails that if you’re filing a case for modification to an existing order, you’ve to establish the reason for the court to honor your request.
Can I Get Modifications to Family Support Orders?
The family support order is a combination of both spousal as well as child support. It’s generally resorted to for saving tax. In case of adequate changes to the conditions, you can either seek a modification to it or request for separate orders for spousal and child support.
Can I Get Property Division Orders Changed?
Although it’s not possible to get the court’s decision on property division changed, you can apply for a set-aside motion. If you discover some assets that weren’t reported during the assessment process at the time of divorce, you can seek the court’s decision for the division of such assets.
What’s a Post-Judgement Motion?
Post-judgment motions are meant to allow you to get the final court judgment modified if you feel that the order is too tough on you. These are typically more difficult to get and much more complicated as compared to other types of modifications. Different kinds of motions are:
- Reconsideration Motion. This is a motion that allows you to request a revision or a new trial if the court’s judgment seems to be legally or procedurally incorrect.
- Set-aside Motion. If you feel that the court’s decision was made under pressure or was influenced by some unfair activity by the other party, you can request for this motion.
- Motion to Vacate. If there’s a mismatch between the court’s decision and the basis of this decision, you can file a plea for this motion.
As mentioned above, getting a post-judgment motion passed in your favor is not a child’s play. It involves not only complex legal procedures but even stringent timelines for filing. So, contact our experienced attorneys to get the best results through these motions.
The legal team at Brighter Day Law has extensive experience with all of the complex legal issues that divorcing couples may face, and we are ready to provide you the legal counsel you need during this challenging time
Hire a Modification of Orders Attorney
If you feel that the court’s judgment isn’t suiting your requirements, it’s possible to get the orders changed through modifications and motions. However, you need expert guidance from a reliable lawyer to achieve the best decisions. Therefore, it’s a good idea to consult an attorney with experience in the field. Contact us for the best legal advice for all your family-related cases.