Post-Divorce Modifications
Child support and alimony payments may be modified after divorce if there is a substantial change in the financial circumstances of either party. For example, if the person paying alimony loses his or her job involuntarily, child support payments can be reduced. Conversely, child support payments can be increased if the payer receives a big raise.
At the Law Offices of W. Robert Montgomery in Denver, our lawyers handle modifications to child support and alimony. We also enforce the terms of your divorce decree if your ex is not paying child support or alimony.
When Can Child Support Be Changed?
Since the incomes of both parties are a factor in the child support calculation, a change in either party’s income could result in a change in the amount of child support one party must pay the other. If the change (up or down) is 10 percent or greater, then child support can be modified.
It’s important to have a lawyer involved and to obtain a court-ordered modification. For example, if you reduce child support payments on your own without obtaining a court order, you could be found in contempt of court and ordered to pay the arrears.
When our lawyers handle child support cases, we request that parties exchange financial information each May so you know when support can be modified.
Child support can also be modified if there is a substantial change in a child’s overnight visits with a noncustodial parent.
When Can Alimony Be Changed?
In Colorado, alimony is referred to as “spousal maintenance.” It may be awarded for a fixed period of time or indefinitely. It may also be modifiable or non-modifiable depending on how the court order is written.
If spousal maintenance is modifiable, it may be increased, decreased or even stopped if warranted by a change in either party’s financial circumstances. Spousal maintenance can be stopped entirely if the recipient has remarried.
Free Legal Consultation About Your Modification Matter
To discuss your modification case with one or our divorce lawyers, call 720-496-1338 or fill out the contact form on the side of this page. Our law office is conveniently located in Lakewood in the western Denver, Colorado metro area.