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Stage 7 of 7

When Things Need to Change

Court orders are not permanent, but the rules for changing them depend heavily on what you want to modify. Parenting time, decision-making authority, and financial orders each follow different statutes and different legal standards. The first step in any modification is identifying which standard governs your request.

What happens in this stage

  1. 1Identify which legal standard and statute applies to the type of modification you're seeking
  2. 2File the correct motion and forms for that specific type of modification
  3. 3Serve the other party with your motion
  4. 4Attend a modification hearing and present your evidence
  5. 5Handle special situations like a planned move, a child aging out of support, or a change in the recipient's household

Where you are

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Timing: Any time post-decree when circumstances warrant a change

โšก Key insight

The modification standard is not the same for all orders. Parenting time modifications under C.R.S. 14-10-129 use a best-interests standard โ€” not a substantial change requirement โ€” though a higher endangerment threshold applies if you want to restrict parenting time or if the original order is less than two years old. Modifications to decision-making (parental responsibilities) are governed separately by C.R.S. 14-10-131, with its own threshold that also depends on how much time has passed since the original order. Child support and spousal maintenance modifications under C.R.S. 14-10-122 do require a substantial and continuing change in circumstances. Knowing which statute applies to your request is the first question to answer.

๐Ÿ’ผ Limited-scope legal help available
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Know which modification standard applies before you file

Colorado uses different legal standards for different types of modifications โ€” parenting time, decision-making, and financial orders each follow a different statute. Filing under the wrong standard wastes time and fees. A consultation can confirm which standard governs your situation and whether your circumstances meet it.

โœ“Identify which modification standard applies to your situation
โœ“Motion drafting and review
โœ“Hearing preparation for your modification
โœ“Relocation notice and strategy
Book a modification consultation โ†’

No ongoing commitment. Targeted help for specific tasks.

New to this stage? Start here
Recommended starting point

Before filing anything, start here to understand which legal standard governs your specific request โ€” the threshold differs significantly depending on whether you are seeking to modify parenting time, decision-making authority, child support, or maintenance.

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 โ€” 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.

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Which modification standard applies to you?

Colorado uses different legal standards for different types of modifications. Parenting time is governed by C.R.S. 14-10-129, decision-making by C.R.S. 14-10-131, and financial orders by C.R.S. 14-10-122. Understanding which applies to your request is the essential first question.

Start here

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 โ€” 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.

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How to modify: the process

The procedural steps to file and pursue a modification, including the special rules that apply when one parent wants to move.

When specific situations arise

Modification rules tailored to common life events that affect existing support or custody orders.