Aurora Colorado Motion to Modify or Terminate Maintenance Under C.R.S. 14-10-122

State:
Colorado
City:
Aurora
Control #:
CO-JDF-1401
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Description

A motion is a written request to the court to take a certain action. The court will either grant or deny the motion in accordance with law and court rules. This document, a Motion to Modify or Terminate Maintenance Under C.R.S. 14-10-122, is a model motion requesting the named action from the court (or a general motion form). Adapt to fit your facts and circumstances. Available for download now in standard format(s). USLF control no. CO-JDF-1401

Aurora Colorado Motion to Modify or Terminate Maintenance Under C.R.S. 14-10-122 is a legal process that allows individuals to request a change or termination of spousal maintenance obligations in the state of Colorado. This motion can be filed by either the mayor or the recipient of spousal maintenance and is governed by Colorado Revised Statutes (C.R.S.) section 14-10-122. Spousal maintenance, also known as alimony, refers to the financial support provided by one spouse to the other after a divorce or separation. In some cases, the circumstances of the paying or receiving party may change, leading them to seek modification or termination of the existing maintenance order. To initiate this process, a motion must be filed with the court. The most common type of Aurora Colorado Motion to Modify or Terminate Maintenance Under C.R.S. 14-10-122 is a motion for modification. This motion requests a change in the amount, duration, or terms of the spousal maintenance order. Generally, a substantial and continuing change in circumstances is required for the court to consider a modification. These changes may include a loss of employment, significant increase or decrease in income, retirement, or remarriage of the receiving party. Another type of motion that can be filed is a motion to terminate maintenance. This motion asks the court to terminate the spousal maintenance obligation altogether. Termination may be sought if the receiving party has become self-supporting or has entered into a new supportive relationship, such as cohabitation or remarriage, that warrants the termination of support. It is important to note that filing a motion to modify or terminate maintenance does not guarantee a change in the existing order. The court will evaluate the specific circumstances and make a decision based on various factors, including the financial abilities and needs of both parties, the length of the marriage, and the overall fairness of the proposed modification. If you are considering filing an Aurora Colorado Motion to Modify or Terminate Maintenance Under C.R.S. 14-10-122, it is advisable to consult with an experienced family law attorney who can guide you through the process. They will help you navigate the legal requirements, gather the necessary evidence, and present your case effectively to the court. In conclusion, Aurora Colorado Motion to Modify or Terminate Maintenance Under C.R.S. 14-10-122 provides a means for individuals to seek changes or termination of spousal maintenance. Whether you are seeking a modification or termination, it is crucial to understand the legal requirements and consult with a knowledgeable attorney to ensure the best possible outcome for your case.

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FAQ

The statute caps suggested maintenance terms at 50 percent of the marriage. 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've been married 20 years, you could receive ? or pay ? alimony for 10 years.

Per Colorado law, modification of maintenance is typically only permitted if there has been a change in circumstances so substantial and continuing as to make the terms of the original maintenance award unfair.

Colorado's maintenance statute provides an advisory maintenance duration of 11 months at 36 months of marriage, increasing to half the length of the marriage after 12.5 years of marriage. With long-term marriages, courts may consider lifetime maintenance.

And when maintenance is non-modifiable, it means that the court has no authority to order a modification to maintenance, no matter the change in circumstances. For more information about modifying or terminating spousal support, see our maintenance modification article in the Colorado Family Law Guide.

Even a permanent alimony award isn't necessarily permanent? in Colorado, the court can modify a permanent alimony award if there's been a substantial change in circumstances.

Typically, a maintenance award can be modified if there's a major increase in the supported spouse's income or decrease in the supported spouse's financial needs.

In Colorado, any maintenance award per the original divorce decree may be modifiable as long as the original divorce decree does not set forth said maintenance award as a contractual, non-modifiable award of maintenance.

The only way to modify a child support order in Colorado is to undergo a specific legal process and receive official approval from a judge. A judge will only give this approval if the petitioning spouse has a valid reason for the modification.

Per Colorado law, modification of maintenance is typically only permitted if there has been a change in circumstances so substantial and continuing as to make the terms of the original maintenance award unfair.

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87 • Existing Proceedings: Motion for Modification of Parenting Time . If modification of divorces and in the divorcing spouses to decrees require modifications of.

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Aurora Colorado Motion to Modify or Terminate Maintenance Under C.R.S. 14-10-122