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Divorce Decree Modification

Friday, 14 August 2009

An overview of Divorce Decree Modification - why it can become necessary, when it is possible, and how to obtain one.

When is a Divorce Decree Modification Necessary?

A Divorce decree is alway made taking current circumstances into consideration. Issues like spousal support, child support, child custody and visitation rights all take into account the resources of either spouse as well as other issues like location and emotional attachment.

However as time goes by, significant changes can occur in the circumstances in which ex-spouses are placed. Colorado law states that "significant" implies a change of 10 percent or more either way. In these circumstances, either spouse can opt for a modification of the original divorce decree.

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Divorce Decree Modification

Child Support Changes

If the amount of child support is specified in the original decree, an informal agreement between the parents regarding a change in the amount is not sufficient. Even if they were to make an agreement in writing, this is not legal until approved by a court. It's important to remember this since it is an offence to deviate from what the court has specified.

Change in Child custody

A change to a parenting plan regarding child custody cannot happen too often. For this reason, changes are allowed only once every two years. It is possible to have the decree changed if one of the parents has to relocate. It's best to have this handled by a competent attorney as it is necessary to understand the orginal decree in depth and there may be many factors you have overlooked.

Change in Spousal Support

A motion for change is spousal support can be brought on by either party. The party receiving support might want an increase in the amount of support or the party who is providing it may want it decreased. These can easily arise out of situations where the income of one spouse has either increased or decreased significantly.

In some circumstances, hidden assets could be discovered. If such assets are found within 5 years of the original decree, the settlement of marital property can be changed.

Hiring a Competent Attorney 

It's very important to consult a competent attorney before proceeding with changes that can have an effect on your original divorce decree. There are many procedures and nuances that you need to be aware of before plunging headfirst into a legal quagmire. Contact our Marrison Law Attorneys for a consultation.

http://www.marrisonlaw.com

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