Reallocation of Property After Decree

K.E. (Husband) and D.E. (Wife)’s divorce appeared to be concluded in 2013 when a Colorado district court entered a decree dissolving their 15-year marriage. As part of their divorce case, the district court approved K.E. and D.E.’s separation agreement and parenting plan, which “resolved all issues concerning property division, parenting time, child support, maintenance, and attorney fees.”

In 2016, Wife initiated a post-dissolution of marriage proceeding when she filed a motion to modify Husband’s $534 monthly child support obligation because of Wife’s employment and her belief that Husband had earned more income than he disclosed during their dissolution of marriage case.

Wife also learned that Husband had failed to previously disclose in their dissolution case his 100% ownership interest in a company called Premier Earthworks & Infrastructure (PEI). Wife filed a motion under Rule 16.2(e)(10) of the Colorado Rules of Civil Procedure asking the court to “reopen the property division…and allocate the ownership interest in PEI as a marital asset.”

In February 2018, Wife and Husband participated in a four-day hearing before a district court magistrate. After the hearing concluded, the magistrate granted Wife’s motion to reallocate the marital property and her request to modify the amount of child support Husband owed each month.
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