Fighting To Ensure That The Divorce Order Is Followed And Remains Up To Date
Things can change after your divorce. As a result, the parenting plan and child support orders that were appropriate at that time of your divorce may not be appropriate today. Fortunately, these orders are not written in stone.
At The Offices of Keane Law, LLC, our attorneys can advise about when and how divorce orders can be changed. We offer a free 30-minute consultation to answer your questions.
When Can Child Support Be Changed?
In Colorado, child support can be recalculated if there is a substantial and continuing change in circumstances. Such a “substantial and continuing change” will be presumed to have occurred if the current numbers used in the child support calculations result in an increase or decrease in the monthly child support payments of 10 percent or more. Examples of changes in circumstances include:
- You lose your job.
- You are forced to take a lower paying job.
- You get a higher paying job.
- You gain additional children you have to support.
Until the court enters a new child support order, you must continue to follow the old order. However, you can ask the court to make the change retroactive to the date on which you requested the change. It is important to make a formal request to adjust child support as soon as the change in circumstances takes place, because the court is very unlikely to make a change retroactive to a date before you made your formal request.
When Can Child Custody And Parenting Time Be Changed?
Child custody and parenting time can be changed at any time based upon the best interests of your children. Examples of a change in circumstances include:
- Your child is having problems at home or school
- Behavioral issues of a parent affecting the welfare of the child
- A parent with primary custody wants to relocate with a child
What If My Ex Refuses To Follow A Court Order?
Your ex can be found in contempt of court if he or she is aware of a court order, can comply with the order and yet chooses not to. The court can impose both remedial penalties to fix the situation and punitive penalties like fines and even jail time. While the court can impose jail time for failure to follow a court order, jail is uncommon and usually occurs only in the most extreme cases.
Please contact The Offices of Keane Law, LLC, in Boulder for a free 30-minute consultation with our parenting time modification lawyers.