Modification Standards: Which Applies to Your Case?

Overview of the distinct legal standards that govern different types of modification requests in Colorado, and how to identify which applies to your situation. Parenting time modifications are governed by C.R.S. 14-10-129, which authorizes the court to modify parenting time whenever modification would be in the best interests of the child — not a substantial change requirement. However, heightened standards apply in specific circumstances: if the proposed modification would restrict the other parent's parenting time, the moving party must show that the current parenting time endangers the child's physical health or significantly impairs the child's emotional development. Additional restrictions apply when the original order was entered within the past two years. Modifications to the allocation of parental responsibilities (decision-making authority) are governed separately by C.R.S. 14-10-131. Within two years of the original decree, modification is permitted only if the child's present environment endangers physical health or significantly impairs emotional development. After two years, the standard shifts to a threshold that still requires more than minor inconvenience before the court will consider a change. Modifications to child support and spousal maintenance are governed by C.R.S. 14-10-122 and do require a showing of substantial and continuing change in circumstances. For child support, a deviation of ten percent or more from the current order creates a rebuttable presumption that modification is appropriate. Identifying which statute and standard controls your specific request is the essential threshold question before filing any modification motion.