Proficient Guidance From A Boulder Divorce Modifications Lawyer
We all go through changes in life, and sometimes those changes come after a divorce settlement has been finalized. When life changes render the terms of the settlement outdated or impractical, it’s possible for a modifications lawyer to seek out appropriate adjustments. Attorney Sangeetha Mallavarapu and our team in our Boulder office are ready to help.
Call 720-399-5244 or contact us online today. Our service area includes Denver, and we have over 10 years of experience in family law matters.
Is It Possible To Update A Divorce Settlement?
Colorado law allows for a divorce settlement to be modified under specific conditions. One of the primary criteria for granting a modification is demonstrating a “significant and continuing” change in circumstances. This means that the change must be substantial enough to warrant a revision of the original agreement and should not be temporary or minor. The person seeking the modification must demonstrate that the changes in their life, or the life of their spouse, are so different from what existed at the time of the settlement that the original terms are no longer fair or feasible.
Furthermore, it must be shown that this change will be ongoing. Courts are cautious about modifying settlements based on short-term or speculative changes. If both these criteria are met, the court may consider adjusting elements such as alimony, child support or custody arrangements to better reflect current realities faced by the ex-spouses.
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Ready to take the next step in resolving your family’s legal matters? Reach out to us today at SM Family Law, LLC. Our compassionate team is here to listen, provide experienced guidance and support you through every aspect of your case. Whether you need assistance with divorce, child custody or any other family law issue, we’re dedicated to helping you find the best solution. Contact us now to schedule a free consultation and start your journey toward a brighter future.
Common Grounds For Modifying A Divorce Settlement
The list of scenarios that could be “significant and continuing” is as long as there are lists of couples. Everyone is different. Here are reasons that arise with frequency:
- A change in financial circumstances: A significant shift in employment, such as job loss, a substantial pay cut, gaining a higher-paying job, or seeing a business take off, can impact the financial dynamics that drove the original divorce settlement.
- Health issues: The emergence of serious medical problems that affect one’s ability to work or require significant medical expenses can justify a modification.
- Remarriage: If one of the ex-spouses remarries, it can influence or even eliminate the need for spousal support. If this new marriage results in children, that can impact child support levels.
- Relocation: A parent may get a job offer or develop a new relationship with someone in a different part of the country. It’s possible they might need to modify the settlement terms in order to relocate, particularly if children are involved.
- Changes in children’s needs: As children grow, their educational, medical or extracurricular needs may change. The original child support terms may not be sufficient to meet those needs.
- Substance abuse or violence: These are tragic realities in our society today, and sometimes they may reveal themselves after a divorce settlement, with its terms on child custody, is reached. The safety of children is a compelling reason to seek modification.
To navigate these common grounds, a divorce modifications lawyer can help secure changes that will better reflect everyone’s new reality.
Types Of Divorce Settlement Modifications
When a divorce settlement needs to be modified, there are several types of adjustments that can be made. These include changes to the following orders:
- Spousal maintenance: This may involve increasing, decreasing or terminating spousal support payments, depending on changes in income, employment or other financial circumstances. For example, if the paying spouse loses their job, they may need to reduce their alimony payments.
- Child support: This may involve adjusting the amount of child support paid or changing the frequency of payments to reflect changes in the child’s needs or the parents’ financial situation. For instance, if the child develops a medical condition requiring expensive treatment, the child support payments may need to be increased.
- Child custody: This may involve changing the custody arrangement, such as switching from joint custody to sole custody, or modifying the parenting time schedule to better meet the needs of the child.
- Property division: This may involve re-dividing assets or debts that were not properly addressed in the original settlement or adjusting the division of property to reflect changes in the parties’ financial situation.
These modifications can help ensure that the original settlement remains fair and reasonable for both parties. By working with a skilled modifications lawyer, individuals can navigate the complex process of modifying their divorce settlement and seek a more equitable outcome.
The Pitfalls Of DIY Divorce Settlement Changes
We know there are situations where ex-spouses have been able to coexist in a reasonably amicable way after a divorce. This is particularly true when children are involved, and the parents need to maintain an ongoing relationship. This is a good thing and a reason we encourage mediation and collaboration as part of the settlement process. However, it would be a mistake for ex-spouses to use this goodwill to allow any sort of departure from the settlement’s original terms.
An example might be this – the spouse who makes alimony and child support payments goes through a difficult time and loses their job. It’s apparent that any future employment will be for significantly less income. The spouse who receives the payments may feel genuine empathy for their ex and want to lift their burden. We understand the sentiment, particularly given that this life change may well qualify as “significant and continuing” in the eyes of the court.
However, it would be a serious mistake to allow the paying spouse to reduce their obligations without formal judicial approval. A well-crafted divorce settlement is structured in a specific way to protect both spouses. Departing from that framework, however well-intentioned, invites long-term trouble.
Get Personalized Attention And Support For Your Divorce Modification
Don’t navigate the complex process of divorce modification alone. Our skilled attorney is here to provide you with compassionate and expert guidance every step of the way. Reach out to us today via 720-399-5244 or through our online contact form to schedule a free consultation. We are committed to helping you find a solution that works for you, and we can also meet virtually if that’s more convenient for you.