Spousal support in Colorado (also called spousal maintenance or alimony) is an often contentious aspect of divorce. A spousal support order occurs when a lower-earning spouse seeks support payments from the higher-earner. Some spouses arrive at a Colorado divorce settlement agreement including spousal support for a specific period of time—typically long enough for a lower-earning spouse to become self-sufficient.
In other cases, the paying spouse disputes the request and a judge decides. But what happens when the spouse who receives support experiences an adverse change in circumstances? Can a spousal support recipient request an increase in their spousal support order in Colorado? Speak to our divorce lawyers for a free consultation today.
Before addressing requests for increased spousal support, it’s important to consider when and why Colorado family court judges award spousal support since not all Colorado divorces include these orders. Spousal support orders may be appropriate under circumstances such as the following:
Temporary spousal support orders are those awarded to one spouse during the divorce process to provide immediate relief, while permanent spousal support refers to permanent orders for support to be paid from one spouse to another for a specific duration.
Some spousal support orders in Colorado or elsewhere include specific terms prohibiting the recipient from requesting an increase; however, if no such conditions were included in the settlement agreement or court order, then the court will typically consider a modification request only when one spouse has experienced a significant, lasting change in circumstances.
Common reasons for modification requests include the following:
Major life changes with a substantial and ongoing effect on financial circumstances warrant a modification request. Paying spouses may also request a modification of their spousal support order if they experience an adverse long-term change in financial circumstances.
Requesting an increase or other change in child support requires filing a motion for modification in the court that issued the original order. The court may deny hearing the request if the original order is non-modifiable. Otherwise, a judge will consider the modification request based on the unique circumstances of the case.
The spouse making the modification request must provide compelling supporting evidence of a substantial long-term change in their financial or medical situation to warrant the change.
A modification of spousal support must be meticulously well-executed and backed by strong supporting evidence of a substantial change in circumstances for a judge to consider changing binding spousal support orders. Call the experienced spousal support lawyers at Ciancio Ciancio Brown, P.C. today at (303) 451-0300 for the best possible chance for a decision in your favor.
