Couples seeking to end their marriage and go their separate ways often have to settle bitter disputes before they can move on. A common one is the amount of spousal support one will have to pay to the other after the divorce. This amount, however, is not set in stone: either spouse can request a modification, or a change in the amount that is paid. Let’s take a closer look at what’s required in order to request a modification, as it may not be as difficult as some would expect.
The first step is to complete two forms: one called JDF 1401, Motion/Stipulation to Modify or Terminate Maintenance, and the other called JDF 1402, Order to Modify or Terminate Maintenance. The forms are accessible online; you can complete them online and print them, or just print the blank forms and fill them out that way. You’ll need to fill out the JDF 1401 completely, but only enter the caption on the JDF 1402. Make copies of both forms for your former spouse and for the Court.
When you file the completed forms at the Court, you’ll have to pay a fee of $105. Plan to include self-addressed, stamped envelopes for the Court to send you and your ex-spouse copies of the Order once it is completed. You will then have to provide one of the copies you made to your ex-spouse, recording the details of the date you did so and the details of how you provided it in the section of the form titled Certificate of Service.
The Court may take up to 49 days to review your alimony modification request. If it’s approved, the Court will complete the JDF 1402 form with the details of the order and send copies to you and your ex-spouse using the envelopes you provided. Alternatively, the Court may want to hold a hearing to consider the request. Particularly if such a hearing is required, experienced legal counsel can help gather and present evidence to support the request (or to contest it).
Source: Colorado Judicial Branch, “INSTRUCTIONS TO FILE A MOTION OR STIPULATION TO MODIFY OR TERMINATE MAINTENANCE (SPOUSAL/PARTNER SUPPORT),” accessed on Nov. 4, 2017