This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Colorado Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Cohabitation By Dependent Spouse
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How to fill out Affidavit Of Defendant Spouse In Support Of Motion To Amend Or Strike Alimony Provisions Of Divorce Decree Because Of Cohabitation By Dependent Spouse?
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FAQ
Colorado Spousal Maintenance Calculation Colorado courts take 40 percent of the divorcing couple's combined monthly adjusted gross income (AGI) and subtract from that the lower-earning spouse's monthly AGI.
There are three major criteria that can qualify you for an alimony modification: Sudden increase/decrease in income. Change in child-rearing expenses. Sudden loss of assets or property.
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 ...
You will generally not be required to pay maintenance for more than half the time you were married. Once you've been married for 12 and a half years, the maintenance term becomes 50 percent of the length of the marriage. If you were married for 20 years, you could receive alimony for 10 years.
Unless an ex-spouse remarries or dies, the supporting party can only terminate payments through a court order.
Bottom Line. 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.
First, take both parties monthly, adjusted gross income and add it together to get their combined, monthly adjusted gross income. Multiply that number by 40%. Subtract the lessor-earning spouse's monthly adjusted gross income. If the number is zero or less, there is no maintenance payable.