Modification of Final Orders

Colorado supports couples to make their own negotiations and work together for the outcome that works for all parties. However, if legal intervention is required, modifications must be made to final orders for any of the above listed final declarations. Some common modification situations include:

Child support modification and termination.

Child support is a financial obligation that both parents have to help raise a child. As we discuss on our child support page in more detail, the amount paid from one parent to the other depends on several factors that include the amount of time the child spends with each parent and the income of each parent. If situations change, including time spent with each parent, the financial needs of the child — education or medical expenses, for example — or the employment status of one or both parents, modifications may be necessary.

Modifications to parenting time and custody.

Modifications to parenting agreements are fairly common after a final declaration is made. Changes to living and family situations as well as the preferences of an aging child impact the allocation of parental responsibilities and parenting time. Generally, the state of Colorado encourages parents to come to mutual agreements and handle parenting time and custody issues outside of the courthouse, but in cases of endangerment or shifts in the physical location of the child(ren), modifications to the legal parenting order may be necessary. You can find more information about what goes into child custody orders on our child custody and allocation of parental responsibility pages.

Modifications to the parenting plan can also include the inclusion or termination of stepparent or grandparent rights or a change in parental declaration.

Relocation of children.

If one or both parents decide to move away from the area where they were divorced and children are involved, the move requires both parents to agree on the relocation of the child and negotiate new living arrangements.

Modification or termination of spousal support/ alimony

Spousal maintenance is the support money that is paid from one spouse to the other who was financially dependent on them during the marriage. Over time, these needs usually change as the dependent spouse moves on with life and either establishes themselves or finds a new spouse.

Spousal maintenance modifications can also be sought if one spouse begins to make more income due to the education or skills that were obtained within the marriage while the other spouse supported them. For instance, if one spouse was financially dependent on the other while they were attending college in the marriage and then after the divorce enters the workforce in a profession supported by their degree, the supporting spouse may be entitled to a portion of the new income.

Modification of property division.

For the most part, the division of material assets will be final once the final order is set in the divorce. However, there are some circumstances in which the division of property or assets may have to be revisited and modified after the fact. Some examples include royalties or income made off mutual property that was not disclosed or settled in the divorce, retirement or inheritance negotiations, or settlements of property that have changed since the final order was made.

Modification or termination of a protective order.

Once a restraining order is issued, either party must seek a legal modification to have the terms altered or terminated.

Get the Legal Support You Deserve From a Family Lawyer You Can Trust

At the Law Offices of Kelli J. Malcolm, we strive to do what is best for Colorado families. Our family law team can offer you the guidance and knowledge you need to modify any legal order. Contact us for your free legal consultation today.