Colorado Springs Modification Attorneys
Assisting Clients With Family Law Orders Modifications in El Paso County, CO
Fortunately, the state of Colorado recognizes that family law court orders handed down at an earlier time may become unworkable in later years as family dynamics and circumstances change. Thus, the court may grant modifications of child custody, child support, or spousal maintenance in situations where earlier decisions no longer reflect current conditions.
If this describes your situation, you can turn to Aviso Law. Our Colorado Springs modifications attorneys can review your existing court order and your current circumstances to help you determine if you have a realistic basis for seeking a particular modification. If so, we can assist you with devising a legal strategy for pursuing revisions that meet your current needs.
Are you looking for legal support for a modification of your existing court order? Call Aviso Law today at (719) 356-5552 or contact us online to schedule a free consultation with our modifications lawyer in Colorado Springs.
Common Reasons to Seek a Modification in Colorado Springs
Understanding the reasons why individuals commonly request modifications to court orders can help you decide whether your situation fits common legal standards. Life circumstances can change rapidly in Colorado Springs, particularly for families dealing with employment changes, remarriage, or health concerns.
The following are common scenarios where a modification may be sought:
- Major change in financial situation – Job loss, large increase or decrease in income, or significant medical expenses
- Relocation for employment or family reasons – Moving to another part of Colorado or out of state
- Changing needs of children – New educational or medical needs that require revisions to custody or support arrangements
- Military deployment or reassignment – Active duty orders impacting parenting schedules or financial contributions
If you have questions about whether your circumstances qualify, speaking with a divorce modification lawyer in Colorado Springs can provide clarity. These professionals are familiar with local rules and can help you understand how recent changes in your life may intersect with state and local requirements for modification petitions.
Modifying Custody, Child Support, and Maintenance Arrangements in Colorado Springs
Modifications to family court orders cannot be sought merely because you don’t like them or find them inconvenient. Colorado courts will only entertain the idea of making adjustments based on significant circumstantial changes. The specific criteria that courts base their decisions on vary depending on the modification being pursued.
In these cases, there are several important considerations that every party should be aware of:
- Gather supporting evidence. Make sure you have all the necessary documentation to demonstrate the change in your circumstances, such as financial records or school reports.
- Understand local court expectations. In Colorado Springs and El Paso County, courts are attentive to the stability and best interests of any children involved.
- Consult a knowledgeable attorney. A divorce modification attorney in Colorado Springs can help evaluate if your situation meets the proper criteria for a modification before you invest time or resources.
- Consider negotiation options. Attempting to reach an agreement with the other party can sometimes streamline the modification process and may be viewed favorably by the court if both sides act in good faith.
Colorado Child Custody Modifications
Courts are reluctant to disrupt the lives of children, who typically benefit from routine and stability to develop meaningful relationships with both parents. Thus, courts will only consider modifying an existing custody arrangement based on a substantial and persistent change in the circumstances of a parent or the child.
To change a custody arrangement or parenting schedule, you must demonstrate significant and ongoing circumstantial changes, such as:
- One spouse must relocate to a distant city or state for employment reasons or due to remarriage
- Unavoidable changes in work schedules that directly affect a parent’s ability to follow a parenting schedule
- The current living situation poses a safety risk to the child, such as a parent suffering from substance abuse or mental illness or they have developed a history of child abuse or neglect
It is important to remember that Colorado Springs judges value consistency and stability in a child’s life, so any petition to modify custody needs to clearly demonstrate why the modification would be in the best interest of the child.
If you believe you have grounds for requesting a change, a divorce modification lawyer in Colorado Springs can help evaluate whether your situation meets the legal standards, especially when your matter may be heard at the El Paso County courthouse.
Colorado Modification Of Child Support
The criteria for securing adjustments to child support arrangements differ from custody modifications in significant ways.
Although you must prove that interim developments have made the existing order unviable, as with custody modifications, you must also specifically demonstrate that a “substantial and continuing” change in your income merits an adjustment of 10% or more in the current child support amount. Changes that merit lesser adjustments will not be considered substantial. Similarly, temporary changes to income will not justify modifications.
Furthermore, you may also request a modification if the original order did not account for subsequent, costly medical expenses. The court retains discretion regarding whether the specific ongoing medical costs necessitate adjustments.
If you think your support situation has shifted significantly or if your child’s needs have changed, consulting with a divorce modification attorney in Colorado Springs can help clarify whether your case is eligible for review under Colorado law.
Spousal Maintenance Modifications in Colorado
Spousal maintenance in Colorado often ends automatically upon a set expiration date, the remarriage of the recipient, or the death of either party. If maintenance is ongoing and circumstances significantly change, a party may ask the court to modify the existing order. These requests are intended to address situations where the original terms no longer reflect current realities.
However, modifications are generally not allowed when both spouses previously agreed in writing that the maintenance terms would be nonmodifiable. This typically occurs when parties reach a private agreement rather than having terms set by a judge. If no such restriction exists, or if the court originally ordered maintenance under Colorado law, modification may still be possible.
To justify a change, the requesting party must show substantial and continuing financial changes that make the original maintenance award unfair or unmanageable. Unlike child support, there is no strict percentage threshold for adjustment, giving courts flexibility. It is also important to note that different rules apply depending on whether the maintenance order was issued before or after January 1, 2014.
The Modification Process in El Paso County
Modifying an order in Colorado Springs follows a specific procedural path through the 4th Judicial District Court:
- Filing the Motion: We file a Motion to Modify explaining the specific change in circumstances.
- Financial Disclosures: For financial modifications, both parties must exchange updated Sworn Financial Statements.
- Mediation: Colorado law generally requires parties to attempt mediation before a judge will hear a modification case. We assist you in this process to reach a collaborative agreement whenever possible.
- The Hearing: If mediation fails, a judge or magistrate will hear evidence and testimony. We provide the assertive representation needed to prove that the change is both "substantial" and in the "best interests" of your family.
Contact Our Modifications Lawyers in Colorado Springs Today
If you are pursuing custody, child support, or maintenance modifications, it is your responsibility to provide the court with convincing proof of the significant circumstantial changes prompting your request. Things may be simpler if you and the other party agree to modifications, but the court nevertheless retains the power to approve or deny a petition.
At Aviso Law, our Colorado Springs modification attorneys can advise you on making changes to your family court orders. Where changes are warranted, we can equip you with the legal representation you need in modification negotiations and court proceedings. Conversely, our office also represents individuals contesting modification requests.
Contact Aviso Law online or call (719) 356-5552 today to get started with our Colorado Springs modifications attorneys.
Why Choose Aviso Law?
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Clients First
Every attorney will tell you they put their clients first. That is true for Aviso Law but it’s how we go about it that sets up apart. We understand the difference between being prepared and aggressive in courtrooms, while being understanding and pragmatic in client meetings. We believe in being realistic as well as easy to work with through all the phases of your case, both in and out of court; this saves you money and time while still receiving the service you deserve with the goal of achieving desired results.
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Proven Success
To us, success isn’t measured by the years we’ve spent behind a desk but by the careers we’ve built, the contacts we’ve made, and the thousands of clients we’ve served to protect jobs, families, education, and reputations. We developed our careers in Colorado’s military and civil courts, successfully defending clients from all walks of life. We come highly rated by our clients and have received professional recognition for our work.
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Breaking the Mold
We’re not your typical law firm. We don’t wear fancy suits (unless we have to in court) and we don’t hide behind big imposing desks. Reflective on our military roots, we strive to serve. We understand the legal process can be threatening and worrisome, which is why we work with our clients to get results. We aim to be respectful, diligent, and cost-effective while practicing the highest standards of legal representation.