Post-Decree Issues In Dissolution and Family Law

Your decree has issued and you can breathe a sigh of relief – at least temporarily. Sometimes once a decree issues, there is still unfinished business – matters set forth in the decree that have to be implemented for example. Additionally, life is comprised of change, and as change occurs, court orders may need to evolve to keep pace with the change.

Often the decree specifies assets to be transferred from one party to another. Assets that are titled often require one party to take action to transfer the asset to another. Common titled assets are:

• Real property
• Vehicles
• Bank accounts
• Securities
• Life insurance
• Retirement accounts
• Trusts
• Stocks

For example, to transfer real property a new deed must be prepared and registered. To transfer a vehicle, it may be necessary to involve the Department of Motor Vehicles to formally transfer title. Some retirement plans require a Qualified Domestic Relations Order be prepared to divide the retirement. Women who resume a maiden name after dissolution also may have to update their last name on accounts of various types. If a party does not comply with a transfer, a Motion To Enforce the decree can be filed.

A party assuming an expense that was previously shared should add that into their budget. For example, it is common to newly assume responsibility and payments for:

• Mortgage
• Property tax
• Income tax filing in a new status
• Utilities
• Vehicles
• Insurance
• Children’s expenses

Child support can be modified upon a substantial and continuing change in circumstances. With regards to support, substantial is defined as plus or minus 10% of the support amount. Parties can also stipulate to changes. Support modifications are usually retroactive to the filing of the motion, though if retroactivity would cause financial hardship, then the Court has the discretion to make the modification nonretroactive. If a support order is issued in Colorado, Colorado continues to have jurisdiction as long as a parent or the child remains in the state. Child support terminates when a child becomes emancipated, however when there is more than one child, a request for termination must be submitted when that child reaches age 19.

It is not unusual for parents to begin new work schedules or even relocate after an initial parenting plan is issued. Such changes may necessitate changes in parenting time. The legal standard is the best interests of the child. There is a two-year waiting period anytime a motion that changes majority time parenting has been decided to submit a subsequent such motion. The public policy goal is to help ensure some level of stability for children. Decision making authority is generally not modified unless there has been a change with the child or the person possessing decision-making authority and the change is in the best interests of the child.

Is it time to turn change into opportunity? At Janko Family Law Solutions we know how to work with you to reach your transition goals. We are committed to pursuing settlement to preserve family relations to the maximum extent possible, however also zealously represent your interests in contested litigation if desired or necessary. We can also handle appeals if the event that the trial court errors in fact or law. Give us a call for a complimentary case assessment at 719-344-5523, or fill out our confidential online intake form.