When going through a divorce or child custody matter in Colorado, you will either reach an agreement with the other party and sign a settlement, or the Court may decide the final outcome of your case. These agreements and orders are based on current circumstances. However, we all know that life changes. The orders entered at the time of the divorce may not be appropriate to your current circumstances. You may be able to alter your current orders to fit your current needs better through a post-decree modification of parenting time, spousal support/alimony, or child support. Either party can request a modification. In the event you need to modify your current orders, it is important to consult with a skilled Northern Colorado family lawyer to fully understand your options.
When Can An Order Be Changed?
Many different factors can affect your current orders. For example, the parenting time schedule may have worked for your young children, but, as they get older, their school schedule and activities may require a change in the visitation schedule. In some cases, a parent may wish to move out of the area or out of state with the children, or the other parent may be relocating, which requires a change in the parenting time schedule. These situations require coming up with a new parenting time schedule in your children’s best interests.
Other times, child support or spousal support may need to be modified due to a change in circumstances, such as job loss or promotion, change in health insurance or daycare costs, or a change in the parenting time schedule.
The Court will allow modifications in a variety of circumstances. It is crucial to know what specific modification you are seeking to avoid any delays in updated orders. It is also important to get your motion filed with the Court as soon as your circumstances have changed. In some cases, the Court will issue orders retroactive to the date of filing. This means that you could have a hearing or reach an agreement several months down the road, but the changes could be modified going back to the day you filed your motion. As you likely know from the Colorado divorce process, most legal processes can take significant time to navigate through.
Just like with the divorce, it is possible to reach an agreement with the other party. Having a strong advocate to guide you through the process can help facilitate negotiations or prepare you for a hearing. While having to revisit these issues is not ideal, in many circumstances it is necessary. Our goal is to help you continue to transition smoothly following your divorce or initial child custody orders especially when there is a change in circumstances.
Appeals
Sometimes, the Court makes a mistake when making their original order. In that case, an appeal may be necessary to fix their mistake. An appeal is a legal remedy requesting that a higher Court review the rulings previously made by a lower Court. The goal of an appeal is having the higher Court make a different ruling, ideally in the favor of the party filing the appeal.
There are three potential outcomes of an appeal. The original order could be affirmed, which means it does not get changed. Your original order could be reversed, in which case the original order will be changed. Finally, the case could be remanded back to the trial Court for new orders.
You must have a legitimate reason for filing the appeal, such as that the trial Court misunderstood or misapplied the law. You cannot file an appeal simply because you did not like the outcome of the previous ruling.
For Help With Modifications and Appeals in Colorado, Contact Us Today
An experienced Northern Colorado family lawyer at Choice City Family Law, LLC. can help you better understand if you have a valid argument for an appeal. Keep in mind that there are strict deadlines and technical rules affecting when and how an appeal can be filed. These rules and directions can be confusing and overwhelming. To ensure your rights to appeal, it is imperative that you contact an experienced family law attorney immediately after you get the ruling that you wish to appeal.