In Colorado, the purpose of spousal support, or “alimony,” is to provide temporary rehabilitative aid to a lower-earning spouse. In most cases, these payments end once the payee adjusts to living on a single income. This can be a difficult timeframe to establish at the time, so the court may include a predefined end-date as part of the marital settlement agreement.
A spousal support order can only be modified or terminated under specific conditions. In other words, you can’t just ask for more money or stop making payments at your own discretion. The court usually only grants modifications if the requesting party can prove they are experiencing “changed circumstances so substantial and continuing as to make the terms unfair.” C.R.S. 14-10-122(1)(a).
A spousal support order can be modified or terminated under the following conditions:
- The payer or the payee dies
- The payee moves in with a romantic partner
- The payee gets married or enters a civil union
- There is a significant change in either party’s financial situation
There is a specific legal process you must complete before the court can modify your spousal support order. The first step is to file a notarized Motion/Stipulation to Modify or Terminate Maintenance application. You need to include specific documents that support your request, such as financial statements or evidence of your ex’s remarriage. A copy needs to be sent to your ex so that he or she can legally challenge the modification. The court has 49 days to review and approve your request. Depending on your specific situation, the court may schedule a hearing to discuss the case with you and your ex. Your attorney can represent you interests and support you throughout the duration of this hearing.
Don’t Wait, Take Legal Action Today
Whether you’re the payee or the payer, it’s important to modify your spousal support order so that it accurately reflects your current standard of living. Oftentimes, people fail to modify their orders because they believe their financial situation is only temporary. Unfortunately, the court may not be able to approve your request if you wait too long. For example, a spouse can’t be expected to make payments if they lose their job. The court may agree to modify or terminate the court order to alleviate the payer’s financial hardship. But what happens if the paying spouse gets a new but lower-paying job before filing the request? In this circumstance, the court may not agree to the modification.
Schedule a Consultation Today
If you’re interested in modifying or terminating your spousal support order, call the Colorado Springs alimony lawyers at Drexler Law. Our attorneys have a thorough understanding of Colorado’s divorce and alimony laws. By evaluating your personal situation and compiling applicable evidence, we can develop a comprehensive litigation strategy that can be used in court. With our help, you can secure a positive case outcome that protects your standard of living.
Contact Drexler Law at (719) 259-0050 to schedule a consultation.