There is life after divorce. And sometimes, significant changes come with it. If you're here looking for Denver divorce modifications or modifications relating to child support and custody and visitation rights, there is a light at the end of the tunnel.
Do you have questions or concerns about a post-divorce decree modification in Colorado? Please the Law Offices of Doddridge C. Shelby, LLC for a free consultation. We have more than 20 years of experience in all aspects of divorce and family law and can explain your rights and legal options.
In Colorado, "modifications" is a term used primarily in the context of child support and visitation. Modification can apply to spousal support, known as maintenance or alimony, but it is unusual.
For one reason, some parties agree at the time of their divorce that maintenance will not be modified in the future for any reason. Even when there is no such restriction included in a divorce decree, a Colorado court will only consider modification of maintenance when there has been a sizeable and sustained change in the financial circumstances of one former spouse or the other.
The modification of child custody and support orders is another story. In keeping with the original child support order, the standard for change is "the best interests of the children." Other factors taken into consideration by a Colorado family law court when considering modification may include:
Significant change in the income of either parent
Significant change in day care or educational costs
Significant change in parenting time schedule
A significant change in pay must result from an increase in pay, not just a bonus. If one party voluntarily leaves a better-paying job for another job that pays less, that will NOT be taken into consideration. In other words, Colorado does not allow parents to reduce child support due to voluntary underemployment; the obligation is to the child.