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IN THE (Name of Court) OF (Name of County), (State) (Name of Petitioner) VS.CASE NUMBER (Name of Respondent)RESPONDENTMotion to Modify Divorce Decree in Order to Reduce Alimony Payments Comes now.
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Alimony termination FAQ
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Guidelines are provided for marriages between three and 20 years, as follows: 3 years: 31% of combined adjusted gross income for 11 months. 5 years: 35% of combined adjusted gross income for 21 months. 10 years: 45% of combined adjusted gross income for 54 months.
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Pursuant to Colorado Revised Statutes, Title 14, Article 10, Section 114, alimony generally terminates or ceases as a matter of law upon the death of either party or the remarriage of the recipient. Thus, once the forthcoming marriage happens, the duty to pay alimony goes away and cannot be revised.
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Alimony modifications have a similar process to child support modifications and/or custody modifications – any changes must first be legally approved by the court. In the state of Florida, any form of alimony that is payable over time is subject to possible modification.
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C.R.S. 14-10-122 You can only decrease alimony payments that were due after you officially filed for modification, and. You must show changed circumstances so substantial and continuing as to make the original alimony order unfair.
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If your divorce document has a modification provision, either spouse can ask the court to modify or end alimony. For the court to modify or terminate alimony, there must be an involuntary change in either spouse's financial circumstances that was not foreseeable when the alimony award was made.
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Be prepared to prove whatever your reasons are to the court too! A motion is a request to the judge that describes the change in circumstances and your reasons of why alimony should be modified. Your reasons cannot just be that you cannot afford it anymore or you no longer like the deal you struck in the past.
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Factors that go into alimony determination include each spouse's income and financial resources, the future earning capacities of the spouses, the length of the marriage, age and physical and emotional conditions of the spouses, and whether the spouse seeking alimony payments will obtain child support or property from ...
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In order to avoid paying spousal maintenance, you must show the court that your former spouse does not need it. Spousal maintenance is not mandatory in Colorado. In fact, you may not have to pay it if you can show the court that your spouse can support themselves following the divorce.
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