Spousal Support / Alimony Modification

DISCLAIMER (Read Before Use)
This template is provided for informational purposes only and does not constitute legal advice. You must have this template reviewed and customized by a qualified attorney licensed in your jurisdiction before use. Confirm all facts, complete every [PLACEHOLDER], and verify the current Colorado Revised Statutes, the Colorado Rules of Civil Procedure, and the current JDF forms before filing. Do not use this template without professional legal review.

DISTRICT COURT, [COUNTY] COUNTY, COLORADO

Case No.: [CASE NUMBER]
Division: [____] Courtroom: [____]

MOTION TO MODIFY (OR TERMINATE) SPOUSAL MAINTENANCE

[C.R.S. §§ 14-10-122, 14-10-114]

Date of Decree of Dissolution / Legal Separation: [__/__/____]
Is maintenance non-modifiable by written agreement under C.R.S. § 14-10-114(5)(a)? ☐ No ☐ Yes (if Yes, maintenance cannot be modified — consult counsel)

1. PARTIES, JURISDICTION, AND VENUE

1.1 The moving party, [MOVANT NAME], brings this Motion as the ☐ obligor (paying party) ☐ recipient (party receiving maintenance).

1.2 The opposing party, [OPPOSING PARTY NAME], resides at [________________________________].

1.3 This Court entered the Decree between the parties on [__/__/____] (the "Decree") and retains continuing jurisdiction to modify the maintenance provisions under C.R.S. § 14-10-122. Venue is proper in [COUNTY] County.

2. THE EXISTING MAINTENANCE AWARD

2.1 The Decree requires [OBLIGOR NAME] to pay maintenance of $[____] per month to [RECIPIENT NAME], commencing [__/__/____] and continuing [until / for a period of [____]].

2.2 The maintenance was established by ☐ the court at final orders (modifiable) ☐ the parties' separation agreement. If by agreement, the agreement states maintenance is ☐ modifiable ☐ non-modifiable.

2.3 Amount currently paid / arrearage, if any: $[____].

3. CHANGED CIRCUMSTANCES SO SUBSTANTIAL AND CONTINUING (C.R.S. § 14-10-122(1)(a))

C.R.S. § 14-10-122(1)(a) provides that "the provisions of any decree respecting maintenance may be modified only as to installments accruing subsequent to the motion for modification and only upon a showing of changed circumstances so substantial and continuing as to make the terms unfair." The movant alleges the following changed circumstances, which are both substantial and continuing:

☐ Involuntary job loss or substantial, ongoing decrease in the obligor's income (from $[____]/mo to $[____]/mo).
☐ Substantial increase in the obligor's income (from $[____]/mo to $[____]/mo), warranting an increase.
☐ Disability or serious illness of [movant / other party] affecting earning capacity or need.
☐ Bona fide retirement of the obligor at age [____].
☐ Decreased need of the recipient (new employment, inheritance, or other ongoing financial improvement).
☐ Other: [________________________________].

Supporting facts: [________________________________].

4. TERMINATION OF MAINTENANCE (C.R.S. § 14-10-122(2)(a))

4.1 Unless otherwise agreed in writing or expressly provided in the Decree, the obligation to pay future maintenance terminates upon the earliest of:

1. the death of either party;
2. the end of the maintenance term, unless a motion for modification is filed prior to expiration;
3. the remarriage of, or the establishment of a civil union by, the party receiving maintenance; or
4. a court order terminating maintenance.

4.2 The movant alleges (check if applicable):
☐ The recipient remarried or established a civil union on or about [__/__/____].
☐ A party died on [__/__/____].
☐ The maintenance term has ended / will end on [__/__/____].

5. RELIEF REQUESTED

The movant respectfully requests that this Court:

☐ Decrease maintenance to $[____] per month, effective as of the date of filing of this Motion (per C.R.S. § 14-10-122(1)(d)).
☐ Increase maintenance to $[____] per month, effective as of the date of filing.
☐ Terminate maintenance effective [__/__/____] pursuant to C.R.S. § 14-10-122(2)(a) (death/remarriage/civil union/end of term) or for substantial and continuing change.
☐ Suspend the obligation during [________________________________].
☐ Grant such other and further relief as the Court deems just.

6. CURRENT FINANCIAL DISCLOSURE (Sworn Financial Statement)

6.1 The movant files herewith a current Sworn Financial Statement (JDF 1111) and Certificate of Compliance, together with recent pay records and the most recent federal income tax return, as required by C.R.C.P. 16.2.

6.2 The movant requests that the opposing party be ordered to file and exchange an updated Sworn Financial Statement.

7. VERIFICATION

I, [MOVANT NAME], declare under penalty of perjury under the laws of the State of Colorado that I have read the foregoing Motion and that the factual statements herein are true and correct to the best of my knowledge, information, and belief.

______________________________
[MOVANT NAME]
Date: [__/__/____]

STATE OF COLORADO )
COUNTY OF [COUNTY] )

Subscribed and sworn to before me on this ____ day of __________, 20____.

______________________________
Notary Public
My commission expires: ___________

8. CERTIFICATE OF SERVICE

I certify that on this ____ day of __________, 20____, a true and correct copy of the foregoing Motion was served upon [OPPOSING PARTY / counsel] at [SERVICE ADDRESS] by [first-class U.S. mail / e-service via Colorado Courts E-Filing / hand delivery].

Respectfully submitted,

______________________________
[ATTORNEY NAME], Colo. Atty. Reg. No. [_______]
Attorney for [Movant]
[FIRM NAME]
[STREET ADDRESS], [CITY], Colorado [ZIP]
Tel: [PHONE] | Email: [EMAIL]

Sources and References

• C.R.S. § 14-10-122 — Modification and termination of provisions for maintenance, support, and property disposition: https://codes.findlaw.com/co/title-14-domestic-matters/co-rev-st-sect-14-10-122/
• C.R.S. § 14-10-114 — Spousal maintenance; modifiability of agreements (§ 14-10-114(5)(a)).
• In re Marriage of Cargill, 843 P.2d 1335 (Colo. 1993) — reinstatement of maintenance after annulled remarriage.
• C.R.C.P. 16.2; Colorado JDF forms (e.g., JDF 1111 Sworn Financial Statement).