Colorado Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support
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How to fill out Motion To Modify Or Amend Divorce Decree To Provide For Decrease In Amount Of Child Support?
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FAQ
Specific conditions must be met to modify a divorce decree in Colorado. The petitioner must show that there has been a material change in circumstances since the original decree was issued. This change must be significant enough to alter the case's outcome if the modification were to occur.
All child support review requests must be made in writing at the county child support office handling your case. The request must also include an Income and Expense Affidavit, supporting documents and list the reason for the change. Following the review, the child support order may go up, down or stay the same.
Can I Modify My Parenting Plan Without Going to Court? If you and the other parent have agreed that a parenting time modification is in order, you do not have to go through the courts to make the desired change.
Parenting time orders cannot be written in stone - they are always subject to modification if circumstances change. Most modifications require that the parent seeking modification prove the change is in the best interests of the children, but at times the burden of proof is higher, as explained herein.
Emergency motions to restrict parenting time are also governed by Section 129. A motion to restrict can be filed in situations when a child is in ?imminent? or immediate danger of physical or emotional harm in the care of the other parent.
A motion to restrict parenting time is an emergency motion that prohibits unsupervised parenting time with children by the other parent for 14 days. The parent requesting the restriction must show imminent physical or emotional danger to the children.
Child support modifications are governed by C.R.S. 14-10-122. In most instances, a modification of child support can be assessed or made retroactive to the date a motion to modify is filed.
Note to Party responding to a Motion to Modify Parenting Time: If you disagree with this Motion, Colorado Rules of Civil Procedure allow you to file a written response with the Court which must be filed within 21 days of the date this Motion was served on you or mailed to you.