Greenwood Village Post-Decree Modifications Attorney
Colorado firm aids clients who seek changes to a family law order
Life goes on after a divorce, and circumstances can change quickly. A job change or shift in your parenting time schedule could mean that the terms of your current Dissolution of Marriage decree are now outdated and unfair. At the Law Offices of Bonnie E. Saltzman, LLC in Greenwood Village, we handle a full range of post-decree modification actions on behalf of clients who believe an adjustment is warranted, as well those who believe the existing terms should remain in place. In proceedings addressing custody, child support and spousal maintenance provisions, we provide sound advice and represent parties in court in pursuit of a suitable resolution.
Uncontested post-decree modifications
When both parties are in agreement on post-decree matters, the legal formalities should be resolved quickly and without complication. For example, if a son or daughter switches from one parent’s health insurance coverage to the other’s, the child support amount should be changed to reflect this. Still, even if you don’t anticipate any conflict, it is vital that you take the time to revise the language in the decree in order to avert potential problems down the road. By working with a family law attorney experienced in post-decree cases, you should be able to minimize confusion and effectuate the modification you seek.
Changes to parental decision-making authority and visitation schedules
Proposed changes to decision-making authority might trigger serious conflict between you and your co-parent. Cases involving adjustments to parental rights might arise from a parent’s dangerous behavior or substance abuse problem. In some situations, the court might appoint a guardian ad litem to represent the young person’s interests during the legal proceeding. If you’re considering pursuing a post-decree modification that affects custody rights, you should first speak with a knowledgeable family law attorney so you understand what evidence might be required.
Known as “parenting time” under Colorado law, schedules relating to a child’s residence and visitation often require flexibility. Changes to a parent’s work hours or a youth’s extracurricular activities could motivate one or both parents to alter the decree. In other instances, a son or daughter might simply prefer to spend more time in one parent’s home than called for under the original plan. If parents disagree over what is best for their child, it might be necessary to go to court with detailed information regarding the young person’s needs in order to demonstrate why the proposed revision is in the child’s best interests.
Requesting child support adjustments
If a spouse violates a court order by failing to pay child support after a divorce or legal separation, a motion for a post-decree contempt action might be filed. You might ask the court to have wages directly deducted from your co-parent’s income in order to secure compliance. Many requested child support modifications relate to changes in income that would affect the payment amount significantly under state guidelines. Financial shifts that would prompt a change of at least 10 percent in the child support rate can lead a court to adjust the ordered amount.
Spousal maintenance modifications
Alimony, or spousal maintenance as it is known in Colorado law, depends on the paying ex-spouse’s ability to pay as well as the recipient’s need. A party who is providing support payments might move to reduce or eliminate their obligation if their ex is now living with a new romantic partner or has increased their income significantly since the divorce. Recipients who are having trouble getting their alimony or who discover that their former spouse hid income at the time of the decree might also make a motion for modification.
Contact a Colorado lawyer for a free consultation about modifying a family court order
The Law Offices of Bonnie E. Saltzman, LLC represents Coloradans in matters where parties seek post-decree modifications of family court orders. Whether you wish to petition for a change or are opposing the proposed adjustment, you can schedule a free consultation at our Greenwood Village office by calling 720-388-1565 or contacting us online.