Post Divorce Modification

Modification of Divorce Decree: Divorce Matters® Can Help

Divorce Matters® has the experience and resources needed to handle any and all of your family and divorce law issues – learn more by booking a consultation today.

PH | 720-542-6142
Text | 720-386-9164
  • This field is for validation purposes and should be left unchanged.

Overview

When a couple in Colorado gets divorced, the marital settlement agreement they sign isn’t set in stone for life. A change in circumstances can justify revisiting the agreement and seeking what is called a post-divorce modification or post-decree modification. Family law courts in Colorado recognize a modification of divorce decree may be necessary, either because of changing circumstances or the discovery of information that wasn’t disclosed during divorce proceedings.

Losing a job. Being promoted. A child graduating from high school. Moving out of state for an employment opportunity. These are just some of the circumstances that can compel someone to request a modification of divorce decree.

The following examples nicely illustrate how pursuing a post-decree modification might work in your particular circumstances:

Alimony Modification

Alimony, also known as spousal maintenance in Colorado, can be modified by either spouse under Colorado state law. The spouse seeking the post-decree modification must demonstrate that a change in circumstances has taken place that makes the alimony order currently in effect unfair. This legal standard generally can be met in the event of a job loss, a significant reduction in work hours, a significant increase in income, or other similar circumstances.

Child Support Modification

Seeking a post-divorce or post-decree modification for child support can be successful if you show changed circumstances that are “substantial and continuing.”  In layman’s terms, this means that the change in circumstances has to be large enough to warrant a change in child support, as well as the circumstances being permanent. Typically, family law courts will modify a child support order if the amount owed would change by at least ten percent.

It is important to note that, child support CANNOT be made unmodifiable in the divorce agreement. This means that, no matter what, child support will be able to be modified if the circumstances change.

Modification of Parenting Time, Custody & Decision-Making

Anyone seeking to modify parenting time, custody, and/or decision-making authority, as it relates to a divorce agreement, must file a motion specifying what they want to modify. This motion can be filed at any time.

Motions for a modification of divorce decree, particularly to previously agreed-upon matters like parenting or custody, are generally harder to win than motions to modify spousal maintenance or child support. This is partly because family law courts in Colorado act on the presumption that orders that have a direct bearing on children should remain as they are, except in the case of extraordinary changes. For this reason, if you’re thinking of pursuing a post-decree modification that pertains to parenting time and custody, you are strongly encouraged to speak with an experienced Colorado divorce attorney about how to best proceed.

Re-Opening Property Division

Dividing marital property is an essential part of every divorce proceeding. However, it isn’t uncommon for a spouse in a divorce case to hide assets to shield them from division and distribution. An ex-spouse who later discovers the existence of hidden assets can file a motion to modify the property division agreement.

Colorado family law courts have jurisdiction over such matters for five years following the entry of a division of property order. To be successful, a post-decree modification relating to marital property must demonstrate that the non-disclosure of assets was “material”, meaning that this non-disclosure affected the division of property in a big way.

Searching for the Best Divorce Lawyer in Colorado?

Divorce Matters® has the experience and resources needed to handle any and all of your family and divorce law issues – learn more by booking a consultation today.
BOOK A CONSULTATION

Contact Divorce Matters® Today

Has a change in circumstance occurred in your life, or the life of your ex-spouse, such that modification of a divorce decree might be warranted? The highly experienced family law attorneys at Divorce Matters® will be pleased to help you explore all your legal options. Divorce Matters® is a Colorado-proud family law firm staffed by seasoned legal professionals who are well-versed in how to pursue post-decree modifications, as well as a wide range of divorce-related legal topics, from simple to complex.

Schedule a consultation using our online form or call Divorce Matters® at 720-542-6142.

FAQ

Can I get more child support or maintenance if my ex got a raise?

It is possible, but not necessarily guaranteed, that you can get an increase in child support or maintenance payments if your ex gets a raise. When a divorced spouse receives a substantial raise, it can be considered a “change in circumstance” and can be grounds for modifying the original order. At least when it comes to child support, this typically requires you to show a change of at least 10% in the amount of support that would be due to be granted the modification or continuing, meaning it isn’t a one-time bonus or payment.

Does alimony end when my ex-spouse remarries?

Yes, in certain circumstances. If you are paying “periodic alimony” to your spouse, then you no longer have to do so when the supported spouse gets remarried or enters into a civil union, unless an agreement stating otherwise was signed during the divorce. It is best to have an attorney review your unique situation.

What should I do if my ex-spouse refuses to cooperate in making joint decisions?

If you and your spouse have joint decision-making for your children, but your spouse refuses to communicate with you regarding the making of these decisions, you will likely need to involve the court system. It may be possible to modify the decision-making arrangement to give you sole decision-making for the children.

When do I stop paying alimony (maintenance) to my ex?

According to Colorado Law, spousal maintenance (alimony) can only be terminated if one of the spouses dies, if the maintenance term has expired, if the supported spouse remarries, or if the court orders the termination of maintenance. You may also be able to seek modification or termination through the court system, depending on your exact circumstances.

Related Articles and Videos

Is Alimony Taxable? Divorce Matters® Breaks Down the Rules

Alimony is a payment, typically made from the higher-earning spouse (the paying partner) to the…
Read More

How Do I Modify My Divorce After It Has Already Been Completed?

It is possible to modify a divorce after it has been finalized. This process is…
Read More

What Types of Law Does Divorce Matters Practice?

Just from our name, it’s easy to tell that we excel in divorce law, but…
Read More

Will I be Affected by Changes to the 2021 Child Tax Credit?

Recently it was announced that under the American Rescue Plan Act the expanded Child Tax…
Read More

This Is How The Divorce Process Works and How Long It Will Take

When it comes to divorce most would say they want the process to be over…
Read More

What is a Post-Decree Modification?

Divorce is a complicated process that is often fraught with emotions and challenges, and one…
Read More

Bringing a Human Approach to Legal Services

Douglas A. Thomas - Founding Partner

Get In Touch

PH | 720-706-1754
Text | 720-706-1754

Douglas A. Thomas

Founding Partner

As founder of Divorce Matters®, my team of attorneys works with families in Colorado to help them achieve optimal outcomes in the highly emotional, individual, and sensitive area of family law, particularly divorce, child custody, and child support.

Professional and Community Associations

• Colorado Bar Association
• Arapahoe County Bar Association
• Colorado Defense Lawyers Association
• Defense Research Institute ”“ Member

Public & Speaking Engagements

Mr. Thomas has been a frequent speaker at the Colorado Defense Lawyers Association and numerous Continuing Legal Education seminars.

Bar Admissions

• Colorado
• U.S. District Court, Colorado

Education

• J.D., University of Denver, 1993
• B.A., New Mexico Highlands University, magna cum laude, 1989

Emily Ahnell - Partner and Managing Attorney

Get In Touch

PH | 720-542-6142
Text | 720-549-2010

Emily F. Ahnell

Partner and Managing Attorney

I began my practice after noticing a need for unbundled legal services. In addition to family law, I also defend employers and insurance carriers before administrative agencies and in civil litigation matters in Court.

I began my family law practice after noticing a need in the community for unbundled legal services. In addition to family law, I also defend employers and insurance carriers before administrative agencies and in civil litigation matters in Federal and State Courts.

Professional and Community Associations

• Colorado Bar Association
• Denver Bar Association
• Colorado Defense Lawyers Association
• Habitat for Humanity, Volunteer

Public & Speaking Engagements

Denver University Law Review, Staff Editor 2001-2002, General Editor 2002-2003

Bar Admissions

• Colorado
• U.S. District Court, Colorado

Education

• J.D., University of Denver, 2003
•B.A., University of Alabama, 1998 (Member of the Women’s Soccer Team)

Justin J. Oliver - Attorney

Get In Touch

PH | 970-568-5202
Text | 720-549-2010

Justin J. Oliver

Lead Attorney

As an attorney, I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter. From representing clients in divorces, custody disputes, protection order hearings, child and spousal support conflicts, parentage issues, and many other issues surrounding and concerning families here in Colorado, myself and the Divorce Matters® team are here for you.

I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter.

Professional and Community Associations

• Member, Colorado Bar Association
• Member, Larimer County Bar Association

Bar Admissions

• Colorado

Education

•J.D., Drake University Law School, 2014
• B.A., Sociology, Western State Colorado University, 2011

Is Alimony Taxable? Divorce Matters® Breaks Down the Rules

Alimony is a payment, typically made from the higher-earning spouse (the paying partner) to the lower-earning spouse (the receiving partner). This financial support is designed to help the lower-earning spouse transition to financial independence and maintain a standard of living similar to what was experienced during the marriage.

When you’re going through a divorce, tax implications probably aren’t what you are focused on. However, understanding how alimony affects your taxes can significantly impact your financial situation. Whether you are the one paying or receiving alimony, knowing the current tax rules and how they have changed is essential for proper budgeting and planning. Because the rules on alimony being taxed have recently changed, it is important to know the ins and outs of the IRS’s rules for alimony, also known as spousal maintenance in Colorado, and how they can affect your situation. So, is alimony taxable? Let’s take a deeper look.

Is Alimony Taxable?

Whether or not you pay taxes on alimony depends on whether you are the paying partner or the receiving partner. In Colorado:

  • If you are the paying partner, your payments are NOT tax deductible, meaning you cannot reduce your taxable income by the amount you pay in alimony. Your taxes will be calculated with your entire income before making alimony payments.
  • If you are the receiving partner, your alimony payments will NOT be taxed as income. You will not have to report alimony on your taxes and will be able to retain the entirety of your alimony payment.

It is important to note that the policy on taxed alimony is separate from the policy on taxed child support. Child support is never taxed in the state of Colorado.

The Exception to the Rule

Before 2019, alimony was tax deductible for the paying partner (reducing liability) and taxed as income for the receiving partner, completely switching how alimony is considered now.

If your alimony agreement was entered before the change in legislation, you will be grandfathered in. This means:

  • If your alimony agreement was entered before January 1st of 2019 and you are the paying partner, you will be subject to the previous legislation (meaning it is still tax deductible).
  • If you are the receiving partner, your alimony payments must be reported as income and will be taxed.

For those who divorced before 2019 and later modified their alimony agreement, the new tax rules may apply, depending on the nature of the modification, further posing the question: is alimony taxable? If the modification explicitly states that it is subject to the new tax laws, the updated rules will be enforced. However, if the modification does not reference tax treatment, the prior rules may still apply.

Changes to Alimony and the Effect on Taxes

The 2017 Tax Cuts and Jobs Act (TCJA) significantly altered the tax treatment of alimony, affecting how divorce settlements are negotiated. These changes went into effect on January 1, 2019, and have had several notable impacts:

  1. Financial Burden Shift

Previously, the tax deductibility of alimony helped the paying partner offset some of the financial burden. Since they were typically in a higher tax bracket, deducting alimony payments reduced their taxable income, often resulting in a substantial tax break. Meanwhile, the recipient, often in a lower tax bracket, would pay less in taxes on the alimony received.

With the new rules, the paying partner now bears the full tax burden since they must pay taxes on their income without deductions. This shift has made alimony agreements more financially strenuous for the paying spouse, often leading to lower alimony awards during divorce negotiations.

  1. Impact on Divorce Negotiations

Because alimony is no longer deductible, many divorce settlements have seen changes in how spousal support is structured. Some paying spouses push for lower alimony payments to offset the tax burden. In some cases, lump-sum settlements or alternative financial arrangements, such as property division, have replaced traditional monthly alimony payments.

For example, rather than agreeing to long-term monthly alimony, some couples negotiate larger asset transfers to the receiving spouse instead of ongoing spousal maintenance. This can be a more tax-efficient strategy for both parties, depending on the circumstances.

  1. Effect on State Taxes

While federal taxes are the primary focus of these changes, state tax laws may also affect alimony. Some states still allow alimony to be deducted at the state level, even though it is not deductible federally. If you are going through a divorce, consult with a tax professional to answer the question: is alimony taxable? Tax professionals – as well as your divorce attorney – can help you understand how your state’s tax laws impact your alimony payments.

  1. Retirement and Long-Term Planning

The loss of the alimony deduction has also influenced retirement planning. Previously, many paying spouses used the deduction to free up extra funds for retirement savings. Now, with higher tax liabilities, some individuals have less disposable income to contribute to retirement accounts.

Similarly, spouses who previously counted on taxable alimony as part of their retirement income now receive tax-free alimony, which may affect their eligibility for certain income-based benefits or retirement plan contributions. Understanding these implications is crucial when planning for long-term financial security.

How We Can Help

At Divorce Matters®, our attorneys are well-versed in every aspect of divorce, including alimony and answering the important question: is alimony taxable? We can help you understand your options, whether you are just starting the divorce process or need to modify an existing alimony arrangement.

If you are currently paying or receiving alimony, it is important to review your financial situation and tax obligations to ensure you are making the best decisions for your future. There are many things to consider when it comes to alimony, settlement agreements, and the financial implications that come with divorce. Whether you need guidance on structuring a fair alimony agreement, understanding how the tax laws affect your situation, or seeking alternative financial settlements, we are here to help.

If you have any questions regarding your alimony arrangement or need legal assistance, give us a call today.

At Divorce Matters®, we understand that divorce is not just a legal process – it’s a significant life transition. Our dedicated team is committed to providing personalized legal support to help you navigate the complexities of divorce, child custody, property division, and spousal support. With extensive experience and a client-focused approach, we strive to achieve the best possible outcomes while minimizing stress and uncertainty. We focus on what matters most: you.

How Do I Modify My Divorce After It Has Already Been Completed?

It is possible to modify a divorce after it has been finalized. This process is known as Post-Decree Modification. But how does it work?

Proving Need

The first step to modifying your divorce decree is proving that your circumstances have changed. When the court finalizes your divorce, it is expected that you and your ex-spouse will abide by the terms and conditions that you, your ex, and the court have agreed upon. However, the State of Colorado recognizes that there may be circumstances in which the terms and conditions of the divorce will need to change! If you want to modify your divorce decree, you will have to prove to the court that there is a “substantial and continuing change in circumstances”. For example, if you were paying child support and lost your job (and have difficulty finding another one), the court would likely agree that you have had a change in circumstances.

What Types of Modification Are There?

You can modify various aspects of your divorce, but the most common modifications relate to spousal maintenance (also known as alimony), child support, property division, and parenting time and responsibilities.

How Do I Get Started?

To modify your divorce decree, you will have to file a Motion to Modify. This motion will be specific to what aspect of the divorce decree you wish to modify. Because of this, the easiest way to get started is to hire an attorney at Divorce Matters!

What Types of Law Does Divorce Matters Practice?

Just from our name, it’s easy to tell that we excel in divorce law, but what other kinds of cases can Divorce Matters handle? We are a law firm specializing in family law. Family law covers a wide variety of different cases including:

Adoption

Estate Planning

Divisions of Marital Property

An important part of the divorce process in Colorado is figuring out how to divide marital property. The procedure generally involves two steps. First, it must be determined what marital property is. Second, the marital property must be divided equitably

Spousal Maintenance

In Colorado, neither spouse has an automatic right to maintenance. The court may award maintenance only if it finds that the spouse seeking maintenance lacks sufficient property to meet their reasonable needs and, in addition, is either unable to support themselves through appropriate employment or should not be required to seek employment because of child care responsibilities. Divorce Matters has lots of experience in Spousal Maintenance negotiations and our attorneys are the perfect choice to help you!

Child Custody

When children are involved, the divorce process doesn’t end once the final paperwork is filed. With children come often contentious and painful negotiations about and modification of parental rights, parenting time, and custody. Our team has deep experience dealing with child custody and parental rights issues and we believe it is our duty and an imperative to help couples address custody and rights issues in ways that reduce the impact of divorce and protect children in the process.

Child Support

In Colorado, child support is based on strict guidelines dictated by state laws and statutes. The issue of child support is separate and distinct from the issue of parenting time, and child support payments may not be conditioned upon parenting time. Due to these strict laws, it is important to have guidance from an expert attorney throughout the process.

Post Decree Modifications

Have your circumstances changed since your divorce? Have you lost your job? Has your ex-spouse received a salary increase? Did your ex-spouse fail to disclose financial matters during the dissolution of marriage? Once your divorce is finalized, fortunately, not everything in your original separation agreement or parenting plan is set in stone. Courts recognize that circumstances change, and, sometimes, spouses hide income or assets during the divorce process. Depending on the exact circumstances of your case, you may have a variety of options post-decree. In the following sections, we explore your options in modifying maintenance, child support, parenting time, custody, and decision-making, as well as how you can reopen your property division.

Mediation and Arbitration

Mediation and arbitration are perfect options for anyone going through a divorce. Both options allow the partners to take more control in the divorce, as well as keep the process out of court. Not only does Divorce Matters represent clients through mediation and arbitration, but we also have a mediator on staff!

Domestic Violence

Domestic violence happens to people in all classes, statuses, and ranks in life, regardless of age, gender, race, religion, education, profession, or socioeconomic status. The unfortunate reality is that one in four women in the U.S. will experience domestic violence in their lifetime, resulting in an estimated 1.3 million women becoming victims of physical assault by an intimate partner each year.

Contempt of Court

After having gone through a divorce or once you have some orders from the court, you may at some point find yourself on either end of a contempt of court action if one of the parties is not complying with the orders. If you find yourself on either end of a contempt action, Divorce Matters is here to help!

Unbundled Legal Services

Unbundled legal services are the perfect solution for anyone not ready to jump into full-scale representation. With unbundled services, you can hire an attorney at their hourly rate to help you with specific aspects of your legal troubles, like filing paperwork or gathering documents!

Common-Law Marriage

The state of Colorado allows couples to enter into common law marriage. However, the parameters of common law marriage can be hazy and difficult to understand, just like common law divorce

Appeals

If your case falls under family law, we can help with your appeal!

Prenuptial Agreements

While there are a million things to plan when a couple decides to marry, often the most difficult to discuss with your future partner is the possible need for a prenuptial agreement. While this subject is not the most romantic or exciting part of wedding planning, a couple contemplating marriage in Colorado may need to consider entering into a prenuptial agreement, or a contract before marriage.

Military Divorce

To thank our Military service members, we even offer 10% off of legal fees! This discount is offered to all active and retired service members, veterans, and military spouses.

Thomas Legal Firm

While Divorce Matters only deals in family law, we do have a sister law firm that offers other services. Thomas Law Firm deals with Criminal matters as well as Civil Law matters, including general litigation, civil rights, workers’ compensation, and business defense litigation.

Will I be Affected by Changes to the 2021 Child Tax Credit?

Recently it was announced that under the American Rescue Plan Act the expanded Child Tax Credit would be distributed differently in 2021. This year, half of the tax credit will be distributed on a monthly basis beginning in July and the other half will arrive with your 2021 tax refund. While this tax credit is a welcomed relief for many families who are struggling to make ends meet, it also spells confusion for most folks who are going through or already divorced.

How will this tax credit be distributed if I am divorced?

The Child Tax Credit can only be claimed on one tax return, so if you are divorced or filing separately this means that only one parent will be able to claim the tax credit. A court order or separation agreement will name the person eligible to claim the tax credit, this is typical whichever parent has primary custody. There are several ways a 50/50 custody arrangement might address this, for example, some may choose to file with the tax credit every other year.

Can the courts rule that this year’s tax credit be split?

In most cases, the courts will follow whatever was agreed upon in your separation agreement or court order. However, this is not the end of the line if you wish to treat this year’s tax credit differently. For example, if your ex claims the tax credit every year but you are able to come to an agreement with them that you will file for the tax credit this year, you can file an IRS Form 8332. This form is a right of tax benefit transfer, which would allow you to claim for this year. Please be aware that it is important you check with your attorney first before moving forward with anything that deviates from your separation agreement. We also suggest seeking out a tax professional for help with filing your taxes.

Can the tax credit payments be garnished for child support if I am behind on my payments?

Per the American Rescue Plan Act, this tax credit is not subject to garnishment meaning you will receive the full amount from the government. However, this does not protect that payment from garnishment or levy once the money is in your bank account. Another consideration is that while it won’t be garnished when distributed when you file your taxes at the end of the year it may be subject to offset.

What do I do if the tax credit was claimed by my ex, but I was supposed to claim it this year?

The best way to handle this is to get in touch with your attorney. They will be able to help you chart the best course of action, whether that be reaching out to negotiate with your ex and coming to an amicable resolution, or filing a motion of contempt with the courts.

If you have questions, please reach out to one of our experienced attorneys today.

This Is How The Divorce Process Works and How Long It Will Take

When it comes to divorce most would say they want the process to be over as soon as possible so they can move on with their lives. This inevitably leads everyone to ask “how long will it be until I am officially divorced from my spouse?” A great place to start is our Divorce Timeline, which can be found under the Tools tab on our website. However, we also want to give a more general overview of how long the process might take. The specific circumstances and complexity of your case will determine the timeline, but overall, this is what you can expect the process to look like.

 

When You First File-

 

Once you have filed a Petition for Dissolution of Marriage with the courts in your county, your spouse must be personally served.  Learn more about what to do if you are the one being served divorce papers.

Once your spouse is served, he or she has 21 days (35 for out of state) to file a response. If you and your spouse both want the divorce and sign a petition jointly, the Service/Response step can be ignored. Your spouse may also agree to waive service if you do not file jointly. Just because you sign jointly does not mean the process is complete, and you will still need to follow the rest of the requirements in the process.

 

Once Your Ex Is Served-

 

You have 42 days after the date of filing to set up an initial status conference with the court and submit your financial disclosures. The initial status conference is your first court appearance and is an informal way for both parties and the Court to get on the same page about dates and deadlines in your case. It depends on the county and jurisdiction that you are in as to whether they will schedule a time for your initial status conference automatically once you file, or if you or your attorney have to reach out to the court to schedule your own. The timing for this solely depends on your county’s court and its timeline. You also will need to have your financial disclosures submitted within that 42-day deadline as well.

 

After Initial Status Conference-

 

You have the option to file for Temporary Orders, which is only necessary if there is an immediate conflict that must be addressed while your case is ongoing. Temporary Orders can help with decision making, child support or spousal support, or who will live in the marital residence during the divorce process. Temporary orders will be replaced by permanent orders at the end of your case. A temporary orders hearing, which is a separate court date, must be set to decide this and it will extend your case.

 

Once you’ve had your initial status conference, you and your spouse are then required to attend mediation by the state of Colorado. Everyone who files for divorce in Colorado must attend mediation, with a few exceptions. In rare cases where the parties agree to every issue, it is possible to skip mediation, which would shorten your case. Additionally, you may request mediation be waived in cases of domestic violence.

 

Mediation-

 

Mediation is a formal settlement conference where the mediator (whom you hire) assists in trying to reach a full agreement between you and your ex. If mediation is successful, you will leave with a signed or partial settlement agreement. Then your attorneys draft the final agreements and file the documents with the court.

 

If mediation is not successful, you must either come up with a settlement or prepare to go to trial. If you need to go to trial, this must be scheduled with the court and the timing completely depends on their availability and timeline. This can extend your case; therefore, it is ideal to come up with agreements in mediation or a settlement.

 

Finalized-

 

Your divorce will be finalized once a judge issues a decree of dissolution of marriage which then severs the marriage, and you are no longer married.

 

Post-decree-

 

If a party is not satisfied with the final decision made by the court, then an appeal can be made. There are specific time constraints around appeals, so you will want to speak with your attorney if you wish to appeal any part of your divorce decree.

 

You also may modify certain orders put in place by the courts if circumstances change after the final agreement has been made. Again, you will want to speak with your attorney if you would like to modify any documents or orders post-divorce.

 

Overall, it can be difficult to determine the exact length that it will take to finalize your divorce because every situation is different. Your timeline will depend on the specific circumstances and jurisdiction of your case.

If you have questions about your particular situation or would like to speak with an attorney today, contact us.

What is a Post-Decree Modification?

Divorce is a complicated process that is often fraught with emotions and challenges, and one most people want to get through as quickly ”“ and as unscathed ”“ as possible. For many couples who separate and/ or divorce, once their case has progressed through the court system and the final divorce decree has been issued, they believe that all is said and done, all decisions are final, and nothing will change. However, after a divorce settlement agreement is reached and made official by a court in a final divorce decree, it can be modified as circumstances change. This is known as a Post-Decree Modification, or Post-Decree Motion. These motions are filed when a legally separated or divorced couple takes part in post-decree litigation, which means the parties involved are in disagreement about issues after the final divorce decree has been issued and are headed back to court to resolve these issues.

Quite often these disputes are precipitated because one of the parties involved determines that the other party has violated a court order relating to the divorce. An example would be when the party responsible for paying court-ordered child support or spousal support fails to do so. Another valid reason for seeking a post-decree modification involves challenging the financial settlement based upon a failure to disclose debts or assets or concealing information that should have been produced. The parties may attempt to work out their differences on their own but if that fails, the injured party may have to file legal paperwork usually known as a contempt action requesting that the court enforce the original order.

What Issues are Handled with a Post-Decree Motion?

Child support, custody, and visitation arrangements are commonly the subject of a post-decree motion. This can be due to a number of factors including a physical move to a new location, a new marriage for one or both of the parents, a significant change in financial status, living conditions, financial need of the child, and above all, the best interest of the child or children involved. If the agreed upon parenting plan is not working and needs to be modified, parental responsibilities, parenting time/visitation, schooling, health care, and other issues can be subject to change. Attempts to alienate or isolate a child or children from one parent by another is also just cause for a post-decree modification request.

Alimony, also known as spousal support or spousal maintenance, may also be subject to change due to a change in employment, involuntary loss of job, change in living conditions, remarriage, substance abuse, arrests, or incarceration, a deteriorating mental or physical condition, or other factors. A judge will closely examine the details of the case and determine if anyone is attempting to avoid paying court-ordered alimony or if the requested changes are legitimate and worthy of consideration.

The objective of a post-decree modification is to revise an existing final divorce decree so that it accurately reflects the lives and needs of those it represents, both adults and children. However, circumstances and conditions change all the time, and your original divorce decree may need modification because it does not accurately represent your current situation. Depending on the circumstances of your divorce case, you may have a variety of post-decree options. If your circumstances have changed since your final divorce decree was issued and you would like guidance and help in filing a post-decree modification in Denver, the legal offices of Divorce Matters are open and ready to assist you. Reach out to us today and let us help you achieve an arrangement that meets your current needs.