Full question:
My husband and I are finalizing a modifiable divorce settlement. We both understand that if a significant change such as job loss, serious illness occurs we can go back to court to modify agreement, but is there a limit (% or dollar amount) on the bottom end for what is allowed to be brought to court for modification? in other words could he or I go to court each year for change in health insurance or non unpredictable events?
- Category: Divorce
- Subcategory: Modification
- Date:
- State: Colorado
Answer:
A court can modify a divorce decree if both parties agree or if a significant change in circumstances occurs. This may include changes in income, child care costs, or health insurance premiums. The court determines if a change is significant based on the specific circumstances of each case. There is no defined dollar or percentage limit for what constitutes a significant change.
While some aspects of a divorce decree are modifiable, such as child support or alimony, property division is final and not subject to modification. Significant changes may include a substantial increase or decrease in income or contributions to expenses due to cohabitation or remarriage.
Typically, modifications affect future support payments and do not apply retroactively. Any past due support remains owed, and the collection of arrears may occur separately from the modification process. Not addressing past due support in a modification does not invalidate the modification but may require clarification from the court.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.