After a divorce, the child support and custody orders made are most of the time referred to as permanent orders or as the final order. However, you should note that the orders can be changed and at times it is a must for the orders to be changed. For you to be able to modify any orders after a divorce it should be based on a specific situation and you should prove to the court that the modification is really necessary. Our Colorado Springs order modification lawyer will work with you through the journey of ensuring that your order is a reflection of you and your kid's needs.
If there is a significant change in your income you should note that the order that was passed during a child support case or during divorce proceedings can be modified. The court’s primary deciding factor in a child support hearing case is to rule in the best interest of the child. It may be crucial to your case that you get guidance from Colorado Springs family law attorneys that can lead you through the details of the legal process.
What Types of Family Law Order Modifications are Possible?
In family law, there are a variety of judgments and orders that can be modified. Orders and judgments made after a divorce, legal separation, or paternity cases are often open to future modifications even after a judgment has been made.
Types of orders that can be modified among others include child support and child custody orders. It is possible for these orders to be modified since parents are not advised to enter into nonmodifiable agreements in child custody and child support cases.
Other orders that can be modified include spousal support as well as other provisions that the court under their discretion reserve jurisdiction to make modifications or to make further orders.
Child Support Orders
There are many reasons why an individual can request a modification of an existing child support order. Most child support modification orders occur when a change in circumstances occurs. When changes occur then child support is eligible for review.
Circumstances that can result in the modification of a child support order include a significant change in the finances of a parent. If the noncustodial parent goes through a major financial hardship or in case one of the children no longer lives with them and has been emancipated it is enough reason for a modification to be reviewed.
Also, there are situations whereby an individual’s financial situation can drastically improve maybe they get promoted at work or get a new job that pays them better than their previous job. In such a situation the custodial parent can move towards pursuing the modification of their Colorado Springs child support.
Child Custody Orders
In Colorado, parenting times orders are subject to change if the circumstances change. However, for a lot of modifications to occur it is essential for the parent that is seeking a modification to show proof that the modifications are made they will be in the best interest of the child. There are times that the burden of proof will be higher.
A lot of couples are able to make changes to a custody agreement on their own and may not be in need of a mediator or have the need to go to court. For this reason, it is necessary for the couple to draft an agreement that both parties will then sign. The parents signing the agreement will mean that the child custody agreement has been modified.
After signing the agreement they would then need to send the stipulation to the family court where it will then turn into a court order. Carrying out the modification process in this manner is inexpensive. The work of an experienced child custody attorney, in this case, would be to ensure that the parties have drafted the document correctly so it is acceptable in court.
If the parents fail to agree there may be a need to file a motion with the court so child custody modification can occur. Also, a relocation modification or removal may need to be carried out if one of the parents wants to move out of the state.
The noncustodial parent can also seek to change custody if they have reason to believe that the other parent is not being an irresponsible parent.
Alimony Orders
There are three reasons why an alimony order or a Colorado Springs spousal maintenance order can be modified:
- There is a sudden decrease or increase in income.
- The sudden loss of property or assets.
- Changes in child care expenses.
Life has many twists and turns and there if you faced a major life-changing experience that ends up affecting your finances you may find it necessary to seek a modification in your alimony agreement.
Protective Orders
According to the Colorado statute 13-14-108, an individual can be able to request either dismissal or modification of a civil protection order or a restraining order against another party. However, it is necessary for a 2-year period to have passed before the protection order was made permanent in order for the individual to consider applying for dismissal or modification of a restraining order. Also, there are other factors that may need to be considered.
When Can You Request an Order Modification?
There is a two-year limit in Colorado for modification of parenting time. Parents seeking the modification of a parenting plan will have to wait. A child support order on the other hand can be modified if there is a substantial change in circumstance or in case the order that has been currently drafted does not have provisions for medical support of the child.
Every order has its various requirements. At our family law firm, we would like you to help with your modification order and answer your burning modification order questions. We care about you and your family and want what's best for you. Let our family law team offer you our legal advice and help with your modification request. We want to hear from you, give our family law attorney a call!
