Post-Decree Modifications & Disputes
Divorce can end a marriage, but it may not permanently resolve the issues between a former couple. In fact, when exes share children and/or support payments have been ordered as part of the divorce case, there can be:
- A need for either party to request a modification after the divorce, as changing life circumstances can necessitate changes to parenting plans, support payments,
- Disputes that arise after the divorce has been finalized – and these disputes can be just as complicated and contentious as the initial divorce case.
At The Datz Law Firm, our Broomfield family lawyers are experienced at bringing post-decree modifications and disputes to successful resolutions for our clients. While this means that our clients can rely on our aggressive advocacy in any legal setting, it also means that our Broomfield family lawyers will work diligently and relentlessly to help our clients protect what matters most to them.
Modifications of Parenting Time
When either parent needs to modify parenting time with children, a Motion to Modify Parenting Time will need to be filed with the court. Typically, there will need to be a legitimate reason for requesting the modification, with just some potential valid reasons being that:
- A parent is moving.
- A parent has developed a new health impairment or condition.
- A parent has been convicted of a crime and/or has been incarcerated.
- A child is in danger under the provisions of the current parenting plan.
Here, it is also important to point out that, in general, once a motion requesting a modification of parenting time has been filed with the court, the court will not allow another motion for modification to be filed within two years of the date of the first motion. The only exception to this is if a child’s health or wellbeing is in jeopardy.
Modifications of Child Support
Just as parenting time can be modified by the court after a divorce, so too can the child support obligations. With these modifications, however, the reason for requesting them must be related to a substantial and ongoing change in one parent’s circumstances. More specifically, reasons for requesting modifications of child support in Colorado can include that:
- Either parent has experienced a substantial change in income.
- There has been a significant change in the costs of raising a child (because, for instance, the child has been diagnosed with a new condition and the health care costs will be increasing, etc.).
- A child has been emancipated.
- There has been a change in the parenting time, and it’s been at least three (3) years since the last case review.
Here, it’s important for parents to understand that:
- They must continue making their child support payments until the court issues a ruling regarding their modification request.
- It can take up to six (6) months for the court to review and rule on a modification of child support request.
Violations of Parenting Plans and/or Separation Agreements
In some cases, after a final divorce decree has been issued, one party will fail to live up to his or her obligations regarding this decree. For instance, divorced parties may fail to abide by parenting plans, fail to comply with payment orders, etc.
When any of these violations occurs:
- There can be various remedies available.
- Reporting the violation to the court will usually be necessary.
- The violator can be found in contempt of court, and this can result in him or her facing fines, community service, imprisonment and/or other penalties.
Broomfield Family Lawyers at The Datz Law Firm
Do you need help modifying a parenting plan or resolving a post-decree legal dispute? If so, the Broomfield family lawyers at The Datz Law Firm are here for you, ready to provide you with superior representation. At The Datz Law Firm, we know how stressful and consuming family legal issues can be. That’s why we’re here to help you favorably resolve these issues, get through these challenging times and move forward into a brighter future.