Contrary to popular belief, child support and custody orders are not written in stone. Parents can modify these agreements, and these modifications can help protect the child's best interests. Although modifications might be possible, this does not necessarily mean they are easy. Modifications can only occur under certain circumstances, and parents may disagree on how to move forward. Hearings may be necessary, and you might need to support your arguments with compelling evidence. Parents who wish to modify custody or support agreements should prepare for a challenging legal process, and they may wish to work with experienced family law attorneys in Colorado. 

You Can Only Modify Child Support After “Changes in Circumstance”

Parents cannot modify child custody or support on a whim. For the court to even consider these modifications, you must first point to a “change in circumstance.” This change must be significant enough to make the previous agreement invalid or outdated. 

Changes in circumstances can take various forms. An obvious example is something that affects your income. Perhaps you lost your job and can't seem to find new work. Maybe you suffered a disability that makes it impossible to earn income. Whatever the case may be, this might allow you to decrease your child support obligations. 

However, the opposite is also true. If you experience a dramatic increase in your average income, your ex could try to ask for more child support. For example, you might enjoy a promotion, bonus, or raise at work. Perhaps you inherited a significant amount of money from a deceased relative. Maybe you made an excellent investment that has made you incredibly wealthy. Whatever the case may be, this might result in higher child support obligations. 

These situations can result in many types of modifications. If a spouse receiving alimony experiences an increase in income, their child support payments may decrease. If that same spouse experiences a decrease in income, they may receive higher child support payments. 

Note that even if you lose your job, this might not constitute a change in circumstance. The family court expects you to make a reasonable effort to find a new job. It is only when your previous level of income seems impossible to regain that you can lower your child support obligations. For example, you might be replaced by AI or robotics. Perhaps your manufacturing job was outsourced to another country. Whatever the case may be, you might need to prove that you can no longer achieve your previous level of income. 

When Can I Modify Child Custody in Colorado?

Child custody is less connected with finances and income. As a result, you may need to establish different changes in circumstances. These might include new allegations of child abuse, neglect, and similar issues. For example, you might become aware that your ex is abusing your children. If you can prove that this abuse is occurring, the family court may modify the existing custody agreement and ward you sole physical custody. 

You might also prove that your ex is neglecting your children, which is slightly different from abuse. Examples of child neglect include failing to provide sufficient food or clothing. Perhaps your children seem malnourished. Maybe they are wearing shabby, torn clothing despite you handing over thousands of dollars per month in child support. This may be a sign that your ex is spending the child support on themself rather than the children. 

Another potential “change in circumstance” involves substance abuse. If your ex is struggling with an addiction, they may no longer be fit to take care of the children. Perhaps your ex has multiple DUIs, and you suspect they may have been driving drunk with your children in their vehicle. Maybe they have been leaving needles and other drug paraphernalia within reach of your children in their home. If an addiction is endangering your children, you may attempt to modify custody and get your children to safety. 

That being said, child custody modifications do not always involve such shocking allegations. An agreement might be modified simply because one parent decided to move to a different state or county. Travel time between the two family homes may have become excessive, and you might need to modify the custody agreement as a result. The court may determine that the children should not spend hours traveling between the two homes each week. As a result, the court may adjust the parenting schedule. Perhaps it is more realistic for the kids to stay with one parent throughout most of the year while spending their summers with the other parent. 

Modifying Physical Custody vs. Modifying Legal Custody

Parents should know that there are two types of custody in Colorado: Legal custody and physical custody. Most parents are familiar with physical custody, and this involves the amount of time the kids spend at each parent's home. 

Legal custody is a completely different concept. Parents with legal custody get a say in how their children are raised. Legal custody gives parents the power to control the child's religion, education, medical care, and much more. Shared legal custody is the norm in Colorado, which means that both parents generally have veto power over these decisions. 

If parents cannot agree on how to approach these major decisions, they may need to resolve their disputes in court. For example, one parent might want their child raised as a Jew, while the other may prefer a Christian upbringing. Perhaps one parent wants the child to receive certain vaccines while the other does not. Parents can support their arguments during child custody hearings, and a family judge may make the final decision. 

Can a Colorado Family Law Attorney Help With Modifications?

If you are serious about modifying your child custody or support agreement, consider working alongside an experienced family law attorney in Loveland. With help from these legal professionals, you can approach modifications with confidence and efficiency. Casey James Alexander knows how daunting this process can be – but you are not alone. Let us guide you toward positive outcomes – and book a consultation with us today.