Addressing legal issues can be a complex and difficult process for divorcing spouses or unmarried couples. Once these matters have been resolved, the parties will likely be ready to move forward with their lives, and they will probably want to avoid returning to court. However, it is sometimes necessary to revisit the court's orders, either because changes need to be made or because one party has not followed through on their obligations. If you are in this type of situation, you will want to get legal help from an attorney who can advise you on the best ways to resolve these issues successfully.

At Pesch Law Office PC, we know that legal disputes can often seem overwhelming, but with a legal advocate on your side, you can reach an outcome that protects your rights and your family's interests. We can help if you are looking to modify a child custody order, parenting time, or decision-making, OR if you are required to respond to a modification request by your ex-spouse. If you are looking to address the non-payment of child support or spousal support, Attorney Susan Pesch can explain your options, reassure you about any fears or concerns you may have, and advocate on your behalf to help you reach a positive resolution to your case.

Modification of Family Law Orders

If either parent believes that the allocation of decision-making responsibility for their children should be changed, or if they wish to modify their parenting time schedule, they may file a motion with the court to modify the terms of their parenting plan. Typically, the parent who is asking for these modifications will need to show the Court that there has been a substantial change in circumstances for the child or the parent with whom they primarily live and that the proposed modification is necessary to serve the child's best interests.

A parent moving to a new residence is one of the most common reasons why a parent may seek to modify child custody. If a parent plans to move to a new location with their child, and this relocation would require a change in the current parenting time schedule or if relocation will affect the other parent's ability to be involved in substantial decision-making for the child that they are usually a part of, they must notify the other parent as soon as is practical. This formal notice should include any proposed changes to the parties' parenting plan as well as the reasons for the changes. If the other parent disagrees with these modifications, the court will review the case and look at whether the modification requested is in the child's best interests. The reasons the other parent is objecting, how the child will be affected, and whether it is possible to create a reasonable parenting time schedule that preserves the child's relationship with both parents will be considered.

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To change the financial support paid by one party to the other, a party must have experienced substantial and continuing changes to their circumstances. To modify maintenance or spousal support, the requesting party must prove that the existing order is unfair. Spousal support is automatically terminated if either party dies or if the party receiving maintenance remarries.

Similarly, to change the child support calculation, there must be a substantial and continuing change in the income of either party or the parenting time schedule. Child support may be modified if applying the guidelines of Colorado law to the parties' current circumstances would result in a change of at least 10% (higher or lower) from what is currently set for support.

The Courts encourage the parties to confer with each other and possibly mediate the issues prior to proceeding to a hearing. If the parties are able to reach an agreement on modification issues, protracted litigation can be avoided.

Enforcement of Court Orders

If a parent or ex-spouse has violated the terms of a divorce decree or parenting plan, the other party can file a motion asking the court to enforce its orders. In cases where the court finds that a parent has violated parenting time orders, the court may modify the parenting plan in the child's best interests, order missed parenting time to be made up, require one or both parents to attend a parental education program or participate in family counseling, or hold a non-compliant parent in contempt of court and impose fines or a prison sentence.

If a person does not pay court-ordered child support or spousal support, the other party can file a motion for contempt and ask that the court require the person to pay the past-due amount plus interest or face punishments, including a jail term, for willful failure to pay. The court can use a number of methods to collect payments, including garnishing the person's wages or placing liens on their property. If the person is held in contempt of court, they could be fined or imprisoned until they pay some or all of the amount that is owed.

Contact Our Attorney Experienced in Post-Decree Modification Issues Helping Parties in Broomfield County

If you are looking to modify or enforce the terms of a divorce decree, parenting plan, or child support order, Pesch Law Office PC can help you determine your best options, and we will make sure you understand the best ways to protect your rights and your children's best interests. Contact us and set up a consultation by calling. We represent clients in Boulder County, Broomfield County, Highlands Ranch, Littleton, Columbine, Boulder, Weld County, Denver, Douglas County, Jefferson County, Arapahoe County, Golden, and throughout all of the Denver metro region.