How to Change a Spousal Maintenance Order

Family
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Maintenance is the money a judge may order one spouse to pay the other after a divorce. Colorado calls this maintenance instead of alimony or spousal support. If you or your ex’s financial situation has changed, you may be able to ask the court to lower, increase, or end your spousal maintenance payments. The court will only make changes if it finds that the change is “substantial and continuing.”

How do I ask the court to change a spousal maintenance order?

Step 1: Check to see if you qualify

You can ask to change a maintenance order if:

  • You or your ex has had a big change in finances
  • The change is likely to last
  • Because of this change, the current maintenance order is unfair
  • The order does not say it's “non-modifiable”

Examples of changes that may qualify:

  • Job loss or major drop in income
  • Serious health problems
  • Retirement 
    • If the paying spouse retires after reaching full retirement age, the court can assume that the retirement is honest and not done just to avoid paying support – unless the other side proves otherwise. 
  • Big changes in the other person’s income or needs

If your original order says "non-modifiable", the court cannot change it. Read your divorce decree carefully.

Step 2: Fill out the court forms

You will likely need:

Supporting documents (like pay stubs, tax returns, medical bills)

  • If you are receiving maintenance and asking for more, be ready to explain why your needs have changed. 
  • If you are paying maintenance and asking to lower or end it, show how your income or ability to pay has changed.

Step 3: File the forms with the court

  • File in the same court where your divorce case was decided.
  • You can file in person or online using the court’s e-filing system.
  • There may be a filing fee, or you can ask for a fee waiver if you can’t afford it.

If you can’t pay the fee, you can fill out and bring these two forms:

  • JDF 205: Motion to File Without Payment
  • JDF 206: Order Regarding Payment
    • Leave this form blank for the court to fill out. 

If the court approves these forms, you can file for free.

Step 4:  Give the other person the court papers

  • You must give the other person official notice of your request to change the spousal maintenance order
    • Via electronic service if the other party has signed up for Colorado’s e-filing system  
    • Via U.S. mail to their mailing address on file with the court 
  • Complete the Certificate of Service on your motion stating how you sent a copy to the other parent 

Step 5: Go to mediation 

  • The judge may order you and the other party to mediate before a hearing. 
  • Mediation is a meeting where both sides try to reach an agreement on the issues without going to trial. 
  • The mediator helps guide the conversation and talk through the disagreements to try to help you reach an agreement, but they do not take sides or make decisions for you.  
  • What you talk about in mediation is not admissible in court. So you do not have to worry about an offer you make in mediation being brought up in a hearing.  

Important!
If there is a history of abuse or control, you can ask the court to excuse you from mediation. The court may allow you to skip mediation or offer special protections, like separate rooms or virtual meetings.  

Step 6: Go to the court hearing

The court may schedule  a hearing to review your request. Be ready to:

  • Bring documents that show the financial changes
  • Show why the change is big and lasting
  • Explain how the change affects your ability to pay or your need for support

To grant your request the court would need to find that the change is substantial, continuing, and affects the fairness of the order. 

What else do I need to know?

  • The court can only change future payments or payments that were due after you filed your motion to modify. 
    • It cannot change any payments that were due before you filed the motion to change the payments.  
  • Maintenance can go up, down, or end if the court finds a big change in circumstances.
  • If the person getting support gets married again, it may automatically end maintenance—but check your original order.
  • The court will look at both parties’ finances—not just yours.
  • You must keep paying the current amount unless the court changes it.

Tips

  • Be honest and detailed in your financial disclosures.
  • Stay respectful in court. Focus on facts, not blame.
  • Keep copies of everything you file or receive.

Need more help?

If you are low-income, a senior, or a veteran, you may qualify for free legal help from Colorado Legal Services (CLS). To apply or ask if you might qualify, go to the CLS website and find the office that serves your area. If you call or visit, CLS can help you in your native language.

You can get help from the courts. Every judicial district has staff called “Sherlocks” to help people with their legal questions. To find the Sherlock in your county, visit the Judicial Department’s Sherlock webpage.

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