Child Custody and Support Modifications
Child custody and support agreements are not written in stone. Both are subject to modification if there is a significant change in circumstances after divorce. These are known as post-decree modifications.
At the Waters Law Firm in Denver, we offer a free initial attorney consultation to answer your questions about when child custody, child support and other family court orders can be modified.
When Can I Change Child Custody?
Child custody can be changed whenever there is a change in circumstances that affects the welfare of the child. Examples of a change in circumstances include:
- A child having problems at school
- A child having problems at home
- A behavioral issue of the parent, such as drug use in the home, that puts the child at risk
- Relocation of a primary custodian
When families have a joint parenting agreement, the primary custodian cannot remove the child from Colorado without approval of the visiting custodian or the court. Unless there is a good reason for the move (such as an involuntary job transfer) the court may order a change in the primary custodian.
When Can I Change Child Support?
In Colorado, child support can be increased or decreased if there is a significant change in the income of the parent paying child support.
Can I Modify Marital Property Division or Alimony?
Marital property division can be changed within five years of the divorce decree if one party hid assets or committed fraud.
Alimony may or may not be modified after divorce, depending on the divorce decree. Some alimony agreements specifically state that payments can't be modified.
Common law marriages and unmarried parents: Child custody and support agreements that apply to unmarried parents are also subject to modification if there is a change in circumstances.
Free Lawyer Consultation
During difficult times, it is helpful to talk to a lawyer you can trust. For a free initial consultation with attorney John Waters above post-decree modifications, call 303.731.6327 or fill out the contact form on this Web site.
