COLORADO DIVORCE & FAMILY LAW GUIDE

Post-Decree Modifications

Introduction to Colorado Post-Decree Modifications

Once the parties obtain a Colorado divorce, legal separation, annulment, or paternity decree, it is generally final, though modification may be possible. The party seeking modification generally has a heavy burden to overcome, depending upon which aspect of the decree he/she seeks to modify.

If the modification concerns child support or maintenance/alimony, Colorado family law courts typically modify it from the time the motion to modify was filed, not the time of the hearing, or before the motion was filed.

Colorado Maintenance / Alimony Modification

Unless the divorce decree restricts a court's authority to review Colorado alimony ("maintenance"), under C.R.S. 14-10-122 the standard for modification of Colorado maintenance is whether there has been a substantial and continuing change in circumstances which renders the original amount unfair. A Colorado divorce court will look at all circumstances in determining this, but even if it now would have awarded a different amount, that is not sufficient to modify the decree - the original amount must now be unconscionable.

The parties, however, can agree at the time of dissolution that maintenance cannot be modified for any reason, or that it may be modified with a more relaxed standard. Finally, they may agree that maintenance shall be reviewed upon the occurrence of a specific event (e.g. one party's retirement).

Colorado Child Support Modification

The standard to modify Colorado child support under C.R.S. 14-10-122 is similar to maintenance - a "substantial and continuing" change in circumstances. However, Colorado explicitly defines that change as at least a 10% difference in the child support owing at the time the motion was filed. And, unlike maintenance, the parties cannot agree to prohibit modification, though they do have some flexibility to incorporate an automatic modification provision into a decree.

Typically, factors which lead to a Colorado child support modification include a significant change in one party's income, changed day care costs as the children get older, a changed parenting schedule, or fewer supported children when one is emancipate. Children born to a party after the ones in the support order do NOT change the child support obligation.

Child support can only be modified by a Colorado family law court, and with one exception, only as to payments after the motion to modify is filed. That exception is that when there has been a mutually-agreed change in physical custody, child support is modified retroactive to the date of the change in custody. Despite the language to the contrary in any decree, the payor must actually file a motion to modify child support as a child approaches emancipation.

Tax exemptions are also subject to modification - even if the decree assigns the exemptions a certain way. Unless the parties agree otherwise at the time of the child support modification, a Colorado divorce court is required to allocate the tax exemptions in accordance with their proportional incomes.

Colorado Parenting Time Modification

Under C.R.S. 14-10-129, the standard to modify child custody/visitation ("parenting time") in Colorado is generally whether the change is in the best interests of the children. However, if the requested modification is a substantial one which also changes the majority residential parent, a Colorado court can only change it if new facts have arisen since the original decree, and:

1. The parties agree to the modification,

2. The child has been integrated into the moving party's family with the consent of the other party, or

3. The child is endangered by the current residence, and the advantage of changing residence outweighs any harm such a change would cause.

Parental Decision-Making Responsibility Modification

Under C.R.S. 14-10-131, a Colorado domestic relations court shall not modify decision-making responsibility absent a change in circumstances making the modification necessary to serve the best interests of the child. The standard for modifying decision-making responsibility is similar to modifying the majority parent - the established allocation of decision-making responsibility should be retained unless:

1. The parties agree to the modification,

2. The child has been integrated into the requesting party's family with the consent of the other party, and the integration warrants the change,

3. There was a modification of parenting time which justifies the change,

4. One party has consistently allowed the other to make unilateral decisions for the child, or

5. The child is endangered by the current allocation of decision-making responsibility, and the advantage of changing residence outweighs any harm such a change would cause.

Colorado Property Settlement Modification

Generally, property settlements are not modifiable after 6 months has passed. So if one party got a bad deal at divorce, that party is stuck with it. There are exceptions - if a party committed fraud or deliberately concealed an asset, the decree may be modifiable for up to five years. And the decree itself may allow for modification, if the parties both agreed to it at the time of the Colorado dissolution.

More Information

Relocation of Children, in the Colorado Divorce & Family Law Guide.

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