Modifications and Appeals
In a divorce case, the purpose of court litigation is to come up with solutions to specific issues faced by the couple desiring to end their marriage. At times, however, the results of the court’s decision may seem unjustified, and portions of the final divorce settlement might not work out as expected. If there is a need to change something in your divorce agreement, there are scenarios in which this would be allowed. Lewis & Matthews will help you find the right strategy to get the modifications and appeals you want.
Modifying Your Parenting Plan
In Colorado, you may have the chance to ask for changes to the court’s ruling on parenting time, primary residence, and/or decision-making, provided the circumstances permit it. If you file for modification, the court will determine if the proposed changes to the parenting plan serve the best interests of the children before granting your request.
Child Support Modification
It is possible for individuals paying or receiving child support to make changes to the payments ordered by the court. You may bring a motion to modify the current agreement, and the court may grant your request if you meet specific conditions, which usually include significant changes to income and/or the children’s financial needs.
Changes to Maintenance (Alimony)
Parties may state in the final divorce settlement whether maintenance is modifiable; you won’t be able to change your maintenance agreement if your settlement outlines that it is not modifiable. If your document does not contain this type of language, you may file for a motion to adjust your maintenance payments. The court may grant your request if it finds “substantial and continuing” change in circumstances that warrant adjusting the original court-ordered amount.
What to Do When You Receive a Negative Outcome
In many instances, the court’s initial ruling may not prove favorable to one of the ex-spouses. You may either appeal the judge’s decision or file for reconsideration of the final judgment. Either option has a short timeframe within which to file, and it is ideal to consult with a family lawyer immediately after the court has made its final ruling. The quicker you act, the better your chances of winning your appeal.
Contact us to request more information about modifications and appeals.
You may be wondering if you are able to change or modify what a Court has already ruled on in your family law case.
In many cases individuals have had their circumstances change since the Court’s initial ruling and want to know if the Court’s ruling can be modified to match their changed circumstances. This question usually arises around child support, maintenance, parenting time or decision-making but it could occur with any ruling of the Court.
Individuals often want to know if it is possible to modify the original agreement or Court order for maintenance?
Maintenance can be modifiable or non-modifiable depending on the wording of the original divorce documents. The parties can agree that Maintenance is non-modifiable by stating it clearly in the final divorce documents.