Post-Decree Modifications in Colorado
Your divorce decree is a snapshot of one moment in time. It reflects the incomes, circumstances, and arrangements that made sense when it was entered. But life doesn’t stop at the decree. Incomes change. People relocate. Kids get older. Health shifts. And the arrangement that worked two years ago may not work now.
Colorado law accounts for this. Certain provisions of a divorce decree can be modified when circumstances change substantially. But the rules are specific, and not everything is on the table.
What Can Change
Child support is the most commonly modified provision. Colorado presumes a change is substantial if the recalculated amount differs from the current order by 10 percent or more. Job loss, significant income increase, change in parenting time, or a child’s evolving needs can all trigger a modification.
Spousal maintenance can also be modified—unless the original agreement or decree specifically says it’s non-modifiable. Changes in income, employment, health, or the receiving spouse’s cohabitation with a new partner can all constitute grounds. The burden is on the party seeking the change to demonstrate that the circumstances are both substantial and continuing.
Parenting time and decision-making can be modified if the change serves the child’s best interests. Within two years of the last order, the standard is more restrictive—you generally need to show the child is in danger or that the other parent has been convicted of certain offenses. After two years, the standard broadens to a general best-interests analysis.
What Can’t Change
Property division. Once the decree is entered, the split of assets and debts is final. There are narrow exceptions—fraud being the primary one—but you cannot reopen property division because you later realize you got a bad deal. This is why getting the original divorce right matters so much. The property terms are permanent. Everything else can adapt.
Don’t Let It Slide
If your circumstances have changed and you’re struggling to meet an obligation that was set under different conditions, don’t ignore it. Arrears accrue. Interest compounds. Enforcement mechanisms include wage garnishment and contempt of court. Filing for modification doesn’t retroactively reduce what you owe—it takes effect from the date of filing. So the sooner you act, the better.
On the other side, if the paying parent’s income has increased significantly, or if your children’s needs have changed, you may be entitled to more support than you’re currently receiving. But you won’t get it unless you file.
At Burnham Law, we handle post-decree modifications across all six Front Range offices. Whether it’s support, custody, or parenting time, we can evaluate your situation and advise you on whether modification is warranted and how to pursue it.