Hire an expereienced Post Decree Modification attorney
Material Change in Circumstances Standard for Modification
In Colorado, a post-decree modification is a request to change a divorce decree or an order that has already been finalized. Post-decree modifications can be made to a variety of things, including child custody, child support, alimony, and property division.
To be successful in a post-decree modification, you must show that there has been a material change in circumstances since the original decree was issued. This means that the change in circumstances must be significant enough to warrant a change in the original order.
Some examples of material changes in circumstances that may warrant a post-decree modification include:
- A significant change in income for one or both parents.
- A major change in the health or needs of a child.
- A change in the parenting time or decision-making arrangement for a child.
- A change in the property division or alimony award.
If you believe that there has been a material change in circumstances since your divorce decree was issued, you may be able to file a motion for post-decree modification. You will need to file your motion with the court that issued the original decree. The court will then hold a hearing to consider your motion.
At the hearing, you will have the opportunity to present evidence to support your claim that there has been a material change in circumstances. You may also want to hire an attorney to represent you at the hearing.
If the court finds that there has been a material change in circumstances, it may modify the original decree to reflect the changed circumstances. However, the court is not required to modify the decree. The court will make its decision based on what it believes is in the best interests of the parties and the children involved.
If you are considering filing a motion for post decree modification in Colorado Springs, it is important to speak with an experienced family law attorney. Bridget Rachel Grace can help you understand your rights and options, and can represent you in court if necessary.
