25CA2172•Marriage of Martin
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25CA2172 Marriage of Martin 10-15-2026 COLORADO COURT OF APPEALS Court of Appeals No. 25CA2172 Arapahoe County District Court No. 21DR31449 Honorable Garen Gervey, Judge In re the Marriage of Christen Joel Martin, Appellant, and Michele Jeannine Smith, Appellee. APPEAL DISMISSED IN PART, ORDER AFFIRMED IN PART AND REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE FREYRE Grove and Lum, JJ., concur NOT PUBLISHED PURSUANT TO C.A.R. 35(e) Announced October 15, 2026 Christen Joel Martin, Pro Se Michele Jeannine Smith, Pro Se
1 ¶ 1 In this post-decree dissolution of marriage case between Christen Joel Martin (father) and Michele Jeannine Martin (mother), father appeals the district court’s order that modified parental responsibilities and terminated maintenance. We dismiss the portion of the appeal concerning parenting time, reverse the part of the order modifying decision-making responsibility, and affirm the part of the order terminating maintenance. The case is remanded for further proceedings on mother’s motion to modify decision- making responsibility. I. Relevant Facts and Procedural History ¶ 2 In 2022, the district court dissolved the marriage. In the permanent orders, the court allocated to mother primary parenting time with their two children, and it allocated to father one overnight visit every other weekend plus a weekly dinner visit. It ordered the parties to equally share decision-making responsibility. And it ordered father to pay $950 per month in maintenance for four years. ¶ 3 About two years later, father filed a motion to terminate maintenance. He then filed a motion to modify parenting time, ultimately asking that the court allocate to him equal parenting
2 time with the children. Mother also filed a motion to modify parenting time and decision-making responsibility. She proposed only a slight increase to father’s parenting time and asked the court to allocate to her sole decision-making responsibility. ¶ 4 After a hearing, the court modified parental responsibilities and terminated maintenance. Beginning with parenting time, the court ordered a four-phased-step-up parenting schedule for father that allowed him to progress to equal parenting time over the course of a year. Because father had a history of being late to or canceling his parenting time, the court conditioned his progression through the phases of the parenting schedule on his consistent and timely exercise of parenting time. It also ordered that father would forfeit his parenting time if he was late to pick up or drop off the children and that if he was late more than once, he would regress to the previous phase of the parenting schedule. Once father completed the last phase of the step-up parenting schedule, which was projected to occur at the end of summer in 2026, the equal parenting time schedule became permanent, and father was no longer subject to the forfeiture and regression provisions.
3 ¶ 5 Moving to decision-making responsibility, the court ordered that until father reached the third phase of the step-up parenting schedule, mother had sole authority over decisions concerning the children. The court further ordered that, once father reached the third phase, the parties shall exercise joint decision-making responsibility, but it allocated to mother tiebreaker authority over all major decisions. ¶ 6 As to maintenance, the court determined that the parties’ relatively equal financial circumstances warranted terminating maintenance. The court ordered that the termination was effective as of the date of the order, declining to retroactively terminate father’s obligation back to the date he filed his motion in April 2024 — seventeen months earlier. II. Parenting Time ¶ 7 Father contends that the district court reversibly erred by “imposing a punitive, one-sided phased-compliance parenting-time schedule with automatic forfeitures and regressions for minor lateness.” Father also contends that, when it ordered the step-up parenting schedule, the court incorrectly found that “he did not
4 specify when or how” he proposed to increase his parenting time. We dismiss this portion of the appeal as moot. ¶ 8 After father filed his opening brief, this court issued a show cause order asking whether his appeal of the parenting time order had been rendered moot. In re Marriage of Martin, (Colo. App. No. 25CA2172, Aug. 17, 2026) (unpublished order). The show cause order explained that it appeared from the record that father had completed the four-phased-step-up parenting schedule, which triggered his equal parenting time and ended any possibility that he would be subject to forfeiture or regression under the parenting time order. In response, father conceded that the provisions of the step-up parenting schedule had expired, but he maintained that his appeal of parenting time was not moot. ¶ 9 An appellate court will not render an opinion on the merits of an issue when later events have rendered the issue moot. In re Parental Responsibilities Concerning S.Z.S., 2022 COA 105, ¶ 50. An issue is moot when the relief sought, if granted, would have no practical legal effect on the existing controversy. Id.; see also In re Marriage of Salby, 126 P.3d 291, 301 (Colo. App. 2005) (concluding that an appeal of the district court’s original parenting time order
5 was moot when that order was superseded by a later order modifying parenting time). ¶ 10 On appeal, father contests the court’s step-up parenting schedule and a finding the court made when it imposed that schedule. For relief, he asks us to vacate the step-up schedule and direct the court to implement an equal parenting time schedule. However, father does not dispute that he is presently exercising equal parenting time, and that he is no longer subject to the provisions that could have altered that allocation. Because the step-up parenting schedule is no longer in effect, any ruling we issue concerning the propriety of that plan is moot. We therefore dismiss this part of father’s appeal. See S.Z.S., ¶ 50. III. Decision-Making Responsibility ¶ 11 Father next contends that the district court erred by modifying decision-making responsibility without making the necessary finding that the children were endangered. We agree. ¶ 12 A court may not modify a decree allocating decision-making responsibility unless it finds, based on facts that have arisen since the decree, that a change has occurred in the circumstances of the children or of a party to whom decision-making responsibility was
6 allocated and that modification is necessary to serve the children’s best interests. § 14-10-131(2), C.R.S. 2026. However, when applying this standard, “the court shall retain” the original allocation of decision-making responsibility, unless, as relevant here, doing so would endanger the children’s physical health or significantly impair the children’s emotional development and the harm likely caused by the change is outweighed by the advantage of a change. § 14-10-131(2)(c). ¶ 13 We review a court’s order modifying decision-making responsibility for an abuse of discretion. See In re Marriage of Crouch, 2021 COA 3, ¶ 21. A court abuses its discretion when it misapplies the law or acts in a manifestly arbitrary, unreasonable, or unfair manner. In re Marriage of Pawelec, 2024 COA 107, ¶ 45. We review de novo whether the court correctly applied the law. Crouch, ¶ 21. ¶ 14 In support of its decision modifying decision-making responsibility, the district court found that (1) the parties were unable to cooperate and make decisions jointly; and (2) father had not spent a significant amount of time with the children, which had created a disparity of information between the parties concerning
7 the children. The court also adopted its previous findings related to the children’s best interests concerning parenting time. See § 14- 10-124(1.5)(a), C.R.S. 2026. The court then allocated to mother sole decision-making responsibility until father reached phase three of the step-up parenting schedule, and it ordered that, once he reached this phase, the parties would “share joint decision making.” However, the court ordered that if they cannot agree, mother had “the tiebreaker” and that she “shall make the final decision on all issues.” ¶ 15 In doing so, the court failed to analyze, let alone determine, whether the previous allocation of joint decision-making responsibility endangered the children’s physical health or significantly impaired their emotional development. See § 14-10- 131(2)(c). Nor did the court make any other findings that would justify modifying decision-making responsibility under the statute. See § 14-10-131(2)(a)-(b.7). The court thus misapplied the law by modifying the original allocation of decision-making responsibility without making the required findings. ¶ 16 We therefore reverse the court’s order modifying decision- making responsibility and remand this matter to the district court
8 for reconsideration. The court shall consider the parties’ and the children’s circumstances at the time of the remand proceedings and conduct a hearing on remand to allow the parties to present relevant evidence on those present circumstances. See In re Parental Responsibilities Concerning M.W., 2012 COA 162, ¶ 27. ¶ 17 Given that this part of the order is reversed, we need not address father’s remaining arguments concerning the court’s ruling modifying decision-making responsibility. IV. Maintenance ¶ 18 Father also contends that the district court erred by not ordering the termination of maintenance retroactive to the date he filed his motion. We disagree. ¶ 19 An order terminating maintenance is generally effective as of the date the party filed the motion to modify, “unless the court finds that it would cause undue hardship or substantial injustice.” § 14- 10-122(1)(d), C.R.S. 2026; see In re Marriage of Nelson, 2012 COA 205, ¶ 40. We will not disturb the court’s decision on whether to retroactively terminate maintenance absent a showing that the court abused its discretion. See Nelson, ¶ 40. And we defer to the
9 court’s factual findings unless they have no record support. In re Marriage of Capparelli, 2024 COA 103M, ¶¶ 30-31. ¶ 20 Approximately seventeen months after father filed his motion to terminate his $950 per month maintenance obligation, the district court granted his request. But the court found that “it would cause undue hardship on [m]other to make the termination effective as of the date of the filing of [father’s] motion.” The court explained that retroactively terminating maintenance “would theoretically” require mother “to pay [f]ather back at least $16,160 in maintenance,” which “would be a substantial hardship” for her. The court also noted that, during this time, father’s inconsistent exercise of parenting time required mother to unexpectedly adjust her work schedule and that interfered with her ability to work full- time. ¶ 21 Father disagrees with the court’s decision and argues that the court incorrectly believed that a retroactive termination would require mother to repay him $16,160 in one lump sum payment. He argues that the court, instead, could have applied the retroactive termination amount as a credit toward his unpaid maintenance arrears and his ongoing child support obligation. However, under
10 the abuse of discretion standard, we ask “not whether we would have reached a different result but, rather, whether the [district] court’s decision fell within a range of reasonable options.” See E- 470 Pub. Highway Auth. v. Revenig, 140 P.3d 227, 230-31 (Colo. App. 2006). That is, just because another option may have been available to the district court, we will not second-guess the court’s decision when the court acted reasonably, and the record supports its decision. ¶ 22 During the pendency of father’s motion to terminate maintenance, father’s maintenance obligation totaled $16,150. The court determined, with record support, that depriving mother of this maintenance and requiring her to reimburse father would cause her undue financial hardship. Indeed, when father filed his motion to terminate maintenance, mother reported earning only $1,440 per month and that she relied on maintenance to meet her financial needs. Mother also reported that her earnings had recently increased to $4,333 per month, but she explained that she started that job only a week before the modification hearing. And even though, at the time of the modification hearing, mother had not yet received all the maintenance due to her and, thus, may not have to
11 actually pay father back the entire $16,150, the court reasonably determined that depriving her of unpaid arrears and requiring her to repay the rest would cause her substantial hardship. Moreover, contrary to father’s suggestion, nothing in the court’s ruling indicates that it believed mother had to repay father in one lump sum payment. ¶ 23 Father also contends that the court erred by “fail[ing] to adjudicate [his] maintenance arrears balance.” At the hearing, father presented a certification of his arrears from the Arapahoe County Delegate Child Support Service Unit (CSS). CSS reported that his maintenance arrears, at that time, were $6,084. Father agreed with the amount and asked the court to void his arrears in connection with the retroactive termination of maintenance. Mother did not dispute the amount of his arrears but asked that his maintenance obligation continue, which would include his obligation to satisfy his arrears. ¶ 24 We presume that the court considered this undisputed amount of arrears when entering its ruling. See In re Marriage of Collins, 2023 COA 116M, ¶ 21. By declining to retroactively terminate his maintenance obligation, the court determined that
12 father was obligated to pay the outstanding arrears balance and implicitly accepted the undisputed amount. See S.Z.S., ¶ 23 (acknowledging that a court’s findings may be implicit). ¶ 25 The record thus supports the court’s decision that the retroactive termination of maintenance back to the date of father’s motion would cause mother undue hardship. See § 14-10- 122(1)(d); Capparelli, ¶¶ 30-31; Nelson, ¶ 40. V. Disposition ¶ 26 We dismiss the portion of the appeal concerning the district court’s order modifying parenting time as moot. We reverse the portion of the order modifying decision-making responsibility and remand this matter to the district court for further proceedings. We affirm the court’s order terminating maintenance. ¶ 27 To the extent not otherwise addressed, we discharge the remaining portions of this court’s show cause order. JUDGE GROVE and JUDGE LUM concur.
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