Spousal support agreements, also known as alimony orders, can be adjusted when circumstances change significantly. Colorado law allows for modifications, but the process requires clear evidence and careful attention to legal procedures.
Review the terms of your agreement
Before taking any steps, review your existing spousal support agreement. Many agreements outline specific conditions under which modifications can be requested. For instance, some agreements may include terms that prevent future changes, known as non-modifiable clauses.
Identify a substantial change in circumstances
Colorado courts require proof of a substantial and continuing change in circumstances to modify spousal support. Common reasons include significant income changes, unemployment, retirement, or increased financial needs due to medical issues. Minor or temporary changes typically do not justify a modification.
File a motion with the court
To start the modification process, file a motion in the Colorado family court that issued the original support order. Include detailed documentation supporting your claim, such as pay stubs, tax returns, or medical bills. This step ensures the court has the necessary information to review your case.
Attend a hearing
After filing your motion, the court will schedule a hearing. Both parties can present evidence and argue their positions. The judge will review the facts and decide whether to approve, deny, or adjust the spousal support agreement. Be prepared to explain how the requested change aligns with Colorado’s alimony laws.
Follow the court’s decision
Once the court issues its ruling, adhere to the updated agreement. If the court denies the modification, continue following the original terms. Failing to comply with a court order can result in penalties.
Planning for life’s changes
Life circumstances often shift, making it important to address spousal support agreements when necessary. Understanding the legal steps and presenting strong evidence can help ensure a fair outcome that reflects current realities.