Denver Military Modifications Lawyer

Denver Military Modifications Attorney

Developing certain custody and other legal agreements during a divorce can be difficult and stressful. More so, they may not represent the same interests as years go by. Things change, and people grow. What worked in the past for both parties may no longer work due to various reasons, including active service. If you are an active service member seeking answers about modifications, contact a Denver military modifications lawyer as soon as you can.

At The Law Center P.C., our family lawyers are qualified, experienced, and knowledgeable. With a thorough understanding of military divorce and family law, they can help you seek a modification to a child support, child custody, or spousal maintenance order when necessary.

Post-Divorce Modifications

There are certain situations in which a child custody, child support, or spousal maintenance agreement needs to be modified to reflect a significant change in the relationship, be it social, financial, or something else. As time goes by, you may find that a court order that was put in place five or ten years ago no longer has any bearing on the way you are currently living your life. Thus, those agreements can be modified. An experienced military divorce lawyer can assist in showing you your options.

Common Modifications

With the constantly changing circumstances of military life, it is important to be able to modify these agreements as needed to reflect growth and loss. Here are some of the more common modification orders that may be granted in a family court:

• Agreement to Limit Child Support Modification: Under Colorado state law, parents cannot just opt out of paying child support. However, the court can modify the existing child support payments to reflect a loss of income or an increase in income. They will ultimately do whatever is right for the child. Parents can work out how much one parent may pay another between themselves, but they cannot just stop paying support.
• Child Support Termination: Under Colorado state law, once a child has reached the age of 19 and is considered a legal adult, child support payments will cease. However, they may continue if the child is still in high school. Child support can end sometime before that if certain legal criteria are met:
  • The child has been legally emancipated from their parents.
  • The child is mentally or physically disabled and is unable to care for themselves.
  • The child enlists in the military.
  • The child gets married. Support may be reinstated if the marriage ends for whatever reason.
  • Both parents have agreed in writing to end child support.
• Parental Relocation: This is one of the more common forms of modification to a court order. One parent opts to move far enough away that it affects the other party in a substantial way. Moving states or even just cities away can have a detrimental effect on the other parent when it comes to custody. The courts may appoint a child and family investigator (CFI) to determine what is right for the child, including looking at how involved each parent has been in the past, what educational opportunities are available for the child in the new location, and how the move would impact the child’s relationship with the other parent.
• Spousal Support Modification and Termination: Spousal support, which is also called “spousal maintenance” in Colorado, is often awarded to the lower-earning spouse in an effort to assist them in building back their self-reliance after a divorce. Spousal support is open to modification at the discretion of the court unless both parties have agreed that the support is non-modifiable. Spousal support automatically ends due to:
  • Either party’s death.
  • A court order.
  • The end date of the support term.
  • The lower-earning ex-spouse remarries or enters into a civil union.

Modification Lawyers FAQs

Q: How Do I Get a Modification to My Divorce Decree in Colorado?

A: To get a modification for your divorce decree in Colorado, you must file a motion with the court and provide effective evidence to back up your request. At that point, the court will schedule a hearing to review your evidence and reach a decision regarding your request. Circumstances change in post-divorce agreements all the time. This is a common request and is often important to continue the well-being of all parties involved, including children.

Q: What Are the Grounds for Modifying a Child Support Order in Colorado?

A: Grounds for modifying a child support order in Colorado include relocation, a change in income, or a new marriage, among others. Ultimately, if circumstances change and necessitate a stop, reduction, or increase in payments, a modification may be possible. Child support payments also stop when a child becomes an adult or passes away.

Q: At What Age Can a Child Refuse to See a Parent in Colorado?

A: Under Colorado law, there is no specific age at which a child can refuse to see a parent. However, children do not have the legal right to refuse visitation with a parent until they are legally considered adults. The older a child becomes, the more the court considers their wishes when it comes to modifying custody agreements. As children grow, some parents no longer need the same visitation agreement they were told to abide by years prior.

Q: Can a Divorce Settlement Be Reopened in Colorado?

A: Yes, a divorce settlement can be reopened in Denver and throughout Colorado. It must be reopened within five years of the initial decree, but only if there was a misrepresentation of assets or blatant fraud at play. If you find any information that shows you were misled in your divorce decree, you can take it back to court and discuss it again. Modifying divorce settlements is different. This can happen whenever a significant life change occurs, such as a relocation or a change in income.

Talk to a Military Modifications Lawyer Today

Change is inevitable, which means modifications to custody, child support, or spousal maintenance can be necessary at times. Modifying past agreements can help make things better for you and your family now. At The Law Center P.C., we are determined to help you weigh your options and understand what you can accomplish by modifying your agreements. Contact us to schedule a consultation today.