Court orders in a Colorado divorce are binding and enforceable, including orders for spousal maintenance (alimony). It’s critical to continue to meet the requirements of a court order to avoid contempt of court charges. Fortunately, the Colorado court isn’t unreasonable and understands that circumstances sometimes change. For help navigating the Colorado court system, reach out to our divorce attorneys in Denver at (303) 451-0300.
The court offers a legal means of addressing a significant change in the paying spouse’s situation that impacts their ability to pay alimony. When a case meets the requirements, the court will consider a paying spouse’s request to modify an existing spousal maintenance order in Colorado.
A modification request is a petition to the court made by the subject of a court order to change the terms of the existing order. When the paying spouse petitions the court for a modification of their court order for alimony payments, they are requesting the judge of their jurisdiction to review the request and the supporting evidence—such as the evidence of job loss—to determine whether or not a change in the amount or duration of the original order is appropriate due to the changed circumstances.
After reviewing the evidence and hearing testimony from both sides at a hearing, the judge may grant or deny the modification request. A divorced spouse may also request modifications of other orders, such as their child custody and child support orders due to job loss or other adverse changes in circumstances.
A Colorado court only considers a modification request if the petitioner can show evidence of a substantial, continuing, or long-term change in circumstances. These are typically described as one of the following:
Under the above conditions, job loss is considered a substantial change in financial circumstances and warrants a modification request. For more help in the spousal support process, contact our Denver alimony attorneys.
Most attorneys advise continuing to make payments for one or two months before requesting a modification to show that the job loss is permanent and has a significant impact on the ability to pay alimony. The court may deny the request if they find that the petitioner’s job skills and work history indicate that they’ll soon find another position with a similar income.
However, if the evidence shows that the income loss is substantial and long-term, a judge is likely to approve the modification request to reduce the amount of payment, shorten the duration of the payments, or dissolve the alimony order.
Failing to pay spousal support is a serious matter with potential legal consequences such as fines or jail time. You should never simply stop paying court-ordered alimony. If you’ve experienced the loss of your job and it’s made it difficult or impossible to meet the terms of your alimony order, call Ciancio Ciancio Brown, P.C. for representation so we can help you make a compelling case for a modification of your existing order.
