By: Stephen J. Plog
In Part 1 of this post, I gave a basic introduction into the issue of alimony, called “maintenance” under Colorado statute, reasons why either party might seek to modify maintenance orders, and the legal standard for modification of of alimony set forth in Colorado Revised Statutes 14-10-122.
As set forth in Part 1, the general standard to modify alimony is that there has been a substantial and continuing change in circumstances which renders the current orders for spousal support “unfair.” When looking at modifying Colorado child support, the “substantial” and “continuing” standard is also applicable, with “substantial” actually being numerically quantified as being a ten (10) percent or more change to the monthly child support figure. When dealing with a modification of alimony, the ten percent threshold is not applicable. In fact there is no numerical percentage applied. Whether a ten percent or more change is suggested by the party seeking to modify their alimony orders, they still have the burden of proving, or convincing the court that the modification they are seeking is needed because the current orders are “unfair.” Thus, the standard and hurdles are greater when modifying maintenance. Of course, the analysis begs the question of what does “unfair” mean? Continue reading