![]() ![]() You must be able to show the court that you’ve made a concerted effort to find suitable new employment. You may even be on the hook for payments due after your filing, according to Colorado Revised Statute 14-10-122 (1)(d).īut there’s a legal catch-22 here. Why? Because you are responsible for all the support payments that are due before filing for modification. Most attorneys will advise you to petition the court for a modification sooner, rather than later. When to File Your Modification Request File Soon, But Not Too Soon You will have to convince the court that you either won’t be able to find new work or that the work you find will pay considerably less than what you earned before. So, telling the court that you lost your job is not enough. You must show changed circumstances so substantial and continuing as to make the alimony terms unfair. You still owe the full monthly amount that was due in May, June, July, August, and September. Here’s what that means: You can only adjust the payments that are due after you’ve officially asked the court to consider modifying the orders.įor example: Let’s say you lost your job in May, but you didn’t file for a modification until September. “ Except as otherwise provided (maintenance is non-modifiable) the provisions of any decree respecting maintenance may be modified only as to installments accruing subsequent to the motion for modification and only upon a showing of changed circumstances so substantial and continuing as to make the terms unfair.” - C.R.S. Let’s look at the statute governing post-decree modifications. Your spousal support order/agreement may be subject to modification, however, that does not mean you will be able to change it - even if you lose your job.Ĭolorado courts don’t issue post-decree orders lightly, and judges will not consider changing them unless you meet certain criteria. However, not all modifiable alimony orders can be changed by the payor involuntarily losing their job. The rest of this article will discuss modifiable spousal support and maintenance payments. “Except upon written agreement of the parties, an award of maintenance entered pursuant to this section may be modified or terminated pursuant to the provisions of section 14-10-122.” - Colorado Revised Statute 14-10-114(5)(a). Also, if you and your ex negotiated a separation agreement and did not specifically make alimony non-modifiable, then you may be able to change it. If a judge awarded your ex spousal maintenance in the final orders, it can be modified or terminated. The court that approved your separation agreement has no power to change this contract, and it will enforce your non-modifiable order.Īll other spousal maintenance or support orders are modifiable. You will have to continue making the payments no matter what. If you and your ex-spouse negotiated a separation agreement that explicitly made spousal support non-modifiable, you can stop here. So, the first thing you need to find out is what kind of maintenance agreement you and your ex have in place. Therefore, your ability to reduce spousal maintenance payments depends on whether they are modifiable in the first place. The court can only modify its own orders when it comes to post-divorce support payments. ![]()
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