Legal Question in Family Law in Colorado
Terminate Alimony: Till Death/Remarriage
I was divorced in Arapahoe County in 1985 and awarded alimony until my death/remarriage. My former husband recently informed me that he's going to retire and will no longer be able to pay this. Because I don't qualify for Social Security (not through work or length of marriage), I applied for SSI and they denied me because they require a court order showing the alimony has been stopped. How do I obtain this? My former husband is so angry about paying me all these years that he's hostile any requests from me.
1 Answer from Attorneys
Re: Terminate Alimony: Till Death/Remarriage
At this point, based upon what you have said here, there is no court order yet. You have two choices. You can wait until he misses a payment and then ask the Court to order him to pay it. At that point, either the Court will order him to keep paying it, adjust the amount and order him to keep paying it, or will enter an order discontinuing it. Your other alternative is to file a motion with the Court, acknowledging that he will be retiring and that it will be difficult for him to make the payments, and thus asking for an order stating that effective on his retirement date (the Court can ask him for this date so it can be included), there will no longer be any maintenance payments. This way, you should either be able to continue receiving the payments from him or get the order you need for SSI.