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How do I prepare for a Modification?

Once some time has passed following the issuance of the original approved decree, it can be modified. During the time the modification is under consideration, it is best that you strive to be a model parent who is helpful and an active part of your children’s lives. For the non-primary parent, doing things like skipping your visitation periods or failing to pay child support on time will hurt your case. If you are the primary parent, behavior such as not honoring your former spouse’s time allotment with the children can damage your case. In essence, you want to be able to show the court that you are a capable, loving parent who is primarily focused on the well-being of your child.

Beyond good behavior, it is best to settle disputes with your former spouse amicably for the sake of the children and to make the process less stressful for everyone involved. Handling disputes in writing is often useful because you will have a written record of what happened that you can rely on later should you need to. If you go to court to modify a divorce decree with a long list of premature or minor complaints, the court may view you as reactionary, which will not help your case. By reaching an agreement with your former spouse, the modification process becomes easier and the court is more likely to approve the request.

If both parties are unable to agree on the terms of the modification, you will have to petition the court for the changes to be official. You will have to clearly prove to the court why the requested changes are needed. If, for example, you are paying child support, but now you make significantly less than you did before, you will need to provide evidence to the court that supports this. Changes in custody can be more difficult to substantiate, and the evidence required depends on your situation. Your attorney will be able to help gather what is needed to prove modification is necessary.

Getting a decree modified can be a relatively simple or difficult process, depending on the level of agreement between you and your former spouse. Either way, you will want to have the modification properly drafted and presented to the court so that it has the desired effect and gets approval from the judge. Speak to a family law attorney about your modification as soon as possible. Once the modification is approved, it will only be retroactive back to the date you filed your petition, so you will want to move as quickly as possible, especially if the changes involve child support.

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Heidi
Whitaker

Senior Associate

Fort Collins

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