Once you've gotten divorced in Colorado, you likely think all of the matters in your case are settled forever, and you will never have to deal with the family court system again. Unfortunately, this isn't true in many cases. After your divorce, circumstances may change, or new situations may arise that will force you to have your post-divorce decree modified.  

As time marches on, the shape of your life and your family's life may not be what they were at the time of your divorce. Maybe your former spouse is no longer following the original court orders. Perhaps your children, who are older now, want to live with you instead of your former spouse or want the visitation to change. Whatever the reason, you will need an experienced attorney's assistance to modify those orders after divorce. 

Which Post-Decree  Orders  Can  Be  Modified? 

Many different types of post-decree orders can be modified under the right circumstances. These orders include parenting time enforcement, parenting time schedules, child support, and spousal support. If you are not sure whether you will be able to get your order modified or not, speak to an attorney about the matter. 

 What is the  Modification  Process? 

How you will be able to change an existing family court order will depend on the situation. If, for example, you and your spouse are in complete agreement over the changes, you can ask your attorney to draft the paperwork needed for the modification. Once parties have agreed, your attorney will then file the proposed modification in court to get the approval of a judge.  

Your modification is not official until it has been reviewed and approved by the court in the form of an official court order. This is important to keep in mind; if you and your ex agreed to modify the plan informally but do not get it approved by the court, it may still be enforceable under a contract theory. However, you will not have access to some important and relatively easy enforcement methods, such as a contempt citation or the ability to make up parenting time, if that is the nature of the dispute.  The court will not punish a litigant for violating an agreement that has not been adopted as an order.  

By that same token, if you've made changes to the plan informally and you get into a dispute with your ex later, he or she could take you back to court and accuse you of not following the initial court order. While the ability to prove your informal agreement to change said provision would still be an effective defense to the other party's claim, it's crucial that you have any post-decree modification formalized by the court to avoid trouble down the road. 

It is especially important to have any changes related to your support payments formalized. If your ex agrees to take less support but takes you to court later, you may have to pay back the difference between what you paid and what the support order was originally for. There is no guarantee that the court will sustain your informal support modification, and you can find yourself suddenly in serious arrears. 

If you and your ex cannot agree on the modification, you will need to file in court to have the matter heard and decided by a judge. You may need to attend mediation and attempt to agree with your ex before the court will hear your case. In either case, your attorney can help you navigate the legal system and present the evidence needed to the court to support why the modification you want should be made. 

When is  Post-Decree  Modification  Needed? 

Significant life changes may call for a modification of a post-decree order. If, for example, you pay spousal support, but your income is now half of what it was when that order was issued, you should go back to court to have the amount of support adjusted. Keep in mind that the court typically will only approve modifications for long-term changes; in the previous example, if you expect to have less income for just a month or two, it will not be considered long enough to warrant a modification. One spouse receiving a significant increase in income may also call for a support change. 

When it comes to children, a threat to their health, well-being, or safety will also trigger the need for a modification. If, for example, your ex now has a problem with drugs or alcohol, the court may modify the parenting time in your decree to limit or temporarily halt his or her time with your children because the children may no longer be safe in your ex's care. An ex who is being abusive may also need to have his or her parenting time paused or restricted. If you are worried about your children's safety when they are with your ex, be sure to contact an attorney immediately. 

Post-decree matters and modifications need to be taken seriously, and a seasoned attorney can help you modify your existing orders quickly. Call Mitch Geller for a no-cost telephone consultation on Colorado divorce and post-decree modification matters.