A divorce decree reflects the circumstances of a couple at the time of their divorce. The family courts in Denver use income and cost-of-living expenses to calculate child support and spousal maintenance, also known as alimony.
As life moves on after the divorce, circumstances can change rapidly. One parent or spouse might receive a promotion or finish the vesting process for their stocks. The children’s needs may change, especially as they enter high school and start preparing for college.
The final decrees issued at the end of a divorce are not truly final but instead are actually potentially modifiable. Either spouse can petition the courts to review child support or spousal maintenance orders under updated Colorado laws.
When is a modification possible?
Generally speaking, the party petitioning the courts for a support or maintenance adjustment must show a significant, ongoing change in circumstances. The state has recently adopted new rules for child support that could make the review of an existing order beneficial for those with above-average income.
These rules include statutory tables for income as high as $40,000 a month. The calculation of support or maintenance for higher-wage earners may have previously depended on extrapolations of data instead of the newly-expanded tables available under updated state laws. When applying the new regulations, a change of 10% or more may be significant enough to request a modification from the courts.
What is the modification process?
The spouse or parent requesting a modification of an existing financial support order files a formal petition with the courts, possibly at the Lindeay-Flanigan Courthouse. The courts generally require that both parties provide updated financial disclosures.
Heavy demand on the local courts means that most couples may need to attend a mandatory mediation session before they can schedule a hearing date in front of a judge. If spouses can’t settle at mediation, then a judge may review disclosures and update the existing order.
Guidance from an attorney familiar with the unique complexities of divorces involving careers in the tech sector and complex assets is of the utmost importance for many who are seeking to change a support order. Having legal support when pursuing a post-decree modification can help people navigate the process effectively and increase their chances of a favorable outcome.