What Is an RFO In Family Law?

If you are facing any family court process, such as a divorce, a legal separation, a child custody case, or an alimony request, you’ve probably heard your attorney speaking of one or more RFOs. In many cases, Fort Collins family lawyers use legal terms, abbreviations, and acronyms automatically, without considering that a client is not as familiar with these terms or may not have previously encountered them.

When facing a family court matter, it’s important to understand what an RFO is, the RFO process, and what it accomplishes in your Colorado family court case.

Understanding an RFO In Colorado

An RFO in court stands for a request for orders. Previously, this was called an order to show cause (OSC). If any party involved in a family court case needs a judge’s action, they must request the action officially by submitting an RFO. Typical RFOs require filing a specific court form. An individual or their attorney may file RFOs such as the following:

• Requesting a child custody order before or during the divorce process
• Requesting specific properties during the division of marital property
• Requesting spousal support (alimony)
• Emergency protective order requests (restraining orders)
• Seeking a modification of existing orders
• Requesting a relocation with a child
• Requesting testing to establish paternity
• Requesting a contempt of court to be issued to a person in violation of a court order, such as for child support arrears

RFOs may request temporary actions, such as a temporary child custody request during the divorce process or a permanent parenting plan request.

When Should I File an RFO In Colorado Family Court?

There are many reasons an individual or their attorney files an RFO in the Colorado court. For example, if a non-working spouse or a lower-earning spouse faces immediate financial hardship during the separation and divorce process. A Colorado divorce requires spouses to wait a minimum of 91 days after filing the divorce petition before a judge can issue the final orders for the dissolution of the marriage. If one spouse needs immediate financial relief, they may file an RFO requesting temporary spousal support. Then, as their divorce case reaches a settlement agreement or goes to court for a judge to decide on disputes, the lower-earning or non-earning spouse’s lawyer may file an RFO for permanent spousal support.

Similarly, divorcing parents may need an immediate order for a child custody arrangement, which they seek through an RFO. Then, their divorce process includes an RFO for a permanent parenting plan for child custody. Reach out to our child custody attorney in Fort Collins for assistance.

How Are RFOs Filed In Colorado?

Filing out a form to request a specific order from a Colorado court requires meticulous attention to detail. The person making the request or their lawyer must obtain the correct form and include all requested information. Then, they must file it in the courthouse of the individual’s jurisdiction, meeting any deadlines and other filing requirements. Depending on the type of form, a copy may also be served to a spouse. This is the case for most divorce-related RFOs, such as child custody requests and alimony orders. 

An RFO formally requests a judge to issue many types of orders in the Colorado family court. Once a judge issues the order, it is legally enforceable through contempt of court charges if the subject fails or refuses to comply.