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Divorce Guide No. 6 — After the Decree · After Divorce

Changing Custody, Support & Maintenance After Divorce

Life moves — orders don't, until a court changes them. The post-decree guide to modifying parenting time, child support, and maintenance the right way.

Charles E. Liken Jr., Esq. — On Colorado's Legal Front Lines Since 1995 · Government Investigator, Denver Human Services (1997–2003) · Licensed Colorado Attorney Since 2003 ~ 20+ Years in Private Practice · Colorado Deputy District Attorney (2018–2020) · Colorado Court-Appointed Child and Family Investigator

What can change, and what it takes

Every order has its own modification standard. Knowing which bar you have to clear — before you file — is most of the strategy.

1

Child support: the 10% rule

Support is modifiable when changed circumstances are substantial and continuing — presumptively, when the new guideline calculation moves the number at least 10%. New job, new schedule, new child: run the math.

Where LLF comes in: We run the worksheet both ways before filing so you know whether the motion pays for itself — and we file fast, because changes only reach back to the filing date.

2

Parenting time: best interests again

Ordinary schedule adjustments track the child's best interests as circumstances change — new school, new work shift, a teen's changed life. Courts expect plans to evolve.

Where LLF comes in: We package schedule changes as practical solutions with specifics — calendars, school data, logistics — not complaints about the other house.

3

Restricting time or flipping primary residence: the high bar

Restricting a parent's time requires endangerment. Changing the child's primary residence over objection faces heightened standards — and repeat motions inside two years face extra limits.

Where LLF comes in: Whether you're seeking the change or fighting it, we build (or dismantle) the record the statute actually requires — this is not a do-it-yourself motion.

4

Maintenance: substantial & continuing — if it's modifiable

Maintenance changes on a substantial and continuing change in circumstances — retirement, disability, real income shifts. But contractual non-modifiable maintenance means exactly what it says.

Where LLF comes in: We read your separation agreement first; the answer is often written there. Then we time the motion to the real change, not the argument about it.

5

Side deals don't count

“We agreed to change it between ourselves” is the most expensive sentence in post-decree law. Informal changes leave arrears accruing and violations technically stacking — even when both of you meant well.

Where LLF comes in: We turn working informal arrangements into stipulated orders — usually without a hearing — so the deal you're living is the deal on paper.

Ready when you are — talk it through with Charles.

Your choice: no-charge 20-minute phone call OR in-depth hour ($300) — both directly with Charles.

Quick answers

How soon after divorce can I modify custody or support?

Support can be modified whenever a substantial and continuing change exists (generally a 10% guideline shift). Schedule changes track best interests as circumstances change, but motions to change the primary residence face heightened standards and two-year refiling limits.

Do informal agreements to change support count?

No. Until a court adopts the change, the original order controls — arrears keep accruing at the ordered amount even if both parents agreed otherwise in texts or conversation.

What counts as a substantial and continuing change?

Durable real-world shifts: significant income changes, relocation, remarriage affecting expenses, disability, a child's changed needs — not temporary blips or strategic career downgrades.

Can maintenance ever be non-modifiable?

Yes. If the separation agreement made maintenance contractual and non-modifiable, courts cannot change the amount or term regardless of later hardship — which is why that clause deserves real thought at settlement.

Timing & Tactics

When to file (and when to wait)

Modification motions are forward-looking: support changes generally apply from the filing date, never before it. If the change is real, waiting is the one strategy guaranteed to lose money.

Courts read filing patterns. A parent who returns with a new motion every few months reads as the problem; a parent who documents patiently and files once, with evidence, reads as credible. We help you be the second one.

Step by step

  • 1 · Diagnose the standard — 10% guideline shift? Best interests? Endangerment? Contractual bar? The standard picks the strategy.
  • 2 · Update the financials — Fresh sworn financial statements and worksheets — modifications live and die on current numbers.
  • 3 · File & serve the motionJDF 1403 (support), 1406 (parenting time), 1401 (maintenance) — with the evidence attached, not promised.
  • 4 · Stipulate or be heard — Most modifications settle into stipulated orders; the rest get a hearing where preparation decides.
Watch: the Child Support Worksheet seriesModifying support? Watch how the worksheet recalculates when incomes change — free official Colorado videos, in plain English.

Emergencies are their own lane

True endangerment — abuse, dangerous instability, abduction risk — supports emergency restriction motions on days' notice, not months. If children are at risk, call us and the right authorities today.

Related: Custody Guide · Child Support Guide · Enforcement · modification forms in the Forms Library.
THE LONGMONT LAW FIRM
Charles E. Liken Jr., Esq.
Attorney & Counselor at Law

Plan the next chapter. We'll close this one right.

Twenty minutes with the team now beats twenty billable hours untangling it later.