Boulder 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 When life changes render the terms of the settlement outdated or impractical, it’s possible for a modifications lawyer to seek out appropriate adjustments. The team in our Boulder office is ready to help.
Call (720) 586-4227 or contact us online today. Our service area includes Denver, and we have over ten years of experience in family law matters.
Can My Divorce Settlement Be Changed?
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.
Common Reasons for Requesting a Divorce Modification
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 pop up 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.
LEADING THE WAY IN FAMILY LAW
Why Choose SM Family Law, LLC?
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Exclusive Focus on Family LawSM Family Law, LLC exclusively handles family law cases, ensuring specialized and in-depth expertise for each client's unique situation, offering the highest level of focused legal assistance.
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Exceptional Client-Centered ApproachAt SM Family Law, LLC, we prioritize the unique needs of each client, providing personalized, empathetic, and effective legal representation to ensure the best outcomes in family law matters.
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Proven Track Record of SuccessWith a history of winning complex cases and achieving favorable outcomes, SM Family Law, LLC is dedicated to delivering reliable, professional, and strategic legal solutions for all family law issues.
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Comprehensive Legal ExpertiseOur team specializes in a wide range of family law services, from divorce and child custody to alternative dispute resolution, ensuring that clients receive thorough and knowledgeable support throughout their legal journey.
Don’t Change Your Divorce Settlement on Your Own
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. The better way to proceed is to simply call a modifications lawyer in our Boulder office and let us go to work on securing changes that will better reflect everyone’s new reality.
Call (720) 586-4227 today and schedule a free consultation. We can also meet virtually if that’s more convenient for you.