Will my alimony payments end when my ex wife remarries?
Full Question:
The maintenance from my divorce was for 5 years starting Sept. 2002. My ex wife will be marrying in early July 2007. Will my maintenance end when she marries? If it does end when she marries, do I have to pay for the entire month of july or just until she marries?
06/16/2007 |
Category: Divorce ยป Alimony |
State: Colorado |
#6481
Answer:
The applicable Colorado statutes are as follows:
14-10-114. Maintenance.
(1) Legislative declaration. The general assembly hereby finds that
the economic lives of spouses are frequently closely intertwined in
marriage and that it is often impossible to later segregate the respective
decisions and contributions of the spouses. The general assembly further
finds that when a dissolution of marriage or legal separation action has
been filed and temporary orders are to be determined pursuant to section
14-10-108, it is generally appropriate to utilize the period of temporary
orders as a period of adjustment during which the marital arrangements of
the parties may be recognized through a temporary blending of the parties'
incomes. Accordingly, the general assembly declares that for purposes of
temporary orders, it is appropriate in most cases to apply a presumptive
formula to the determination of temporary maintenance.
(2)(a) In every proceeding for dissolution of marriage or legal
separation when temporary maintenance is requested by a party and when the
combined annual gross income of the two parties is seventy-five thousand
dollars or less, there shall be a rebuttable presumption in favor of a
specific award of temporary maintenance from the higher income party to the
lower income party based upon the formula set forth in paragraph (b) of
this subsection (2). In those cases in which the combined annual gross
income of the parties exceeds seventy-five thousand dollars, the court may
award a monthly amount of temporary maintenance pursuant to the provisions
of subsections (3) and (4) of this section.
(b) (I) (A) The monthly amount of temporary maintenance in cases in which
the parties' combined annual gross income is seventy-five thousand dollars
or less shall be equal to forty percent of the higher income party's
monthly adjusted gross income less fifty percent of the lower income
party's monthly adjusted gross income. If the remainder of such calculation
is the number zero or a negative number, the presumption shall be that
temporary maintenance shall not be awarded. If the remainder of such
calculation is more than zero, that amount shall be the amount of the
monthly temporary maintenance.
(B) In any action to establish or modify temporary maintenance pursuant
to this subsection (2), the formula set forth in sub-subparagraph (A) of
this subparagraph (I) shall be used as a rebuttable presumption for the
establishment or modification of the amount of temporary maintenance.
Courts shall deviate from the formula where its application would be
inequitable or unjust. Any such deviation shall be accompanied by written
or oral findings by the court specifying the reasons for the deviation
and the presumed amount under the formula without deviation.
(C) The parties may agree in writing to waive temporary maintenance under
this subsection (2) where one party is otherwise entitled to temporary
maintenance under the formula or the parties may agree in writing to
deviate from the presumptive amount of temporary maintenance. Any such
agreement to waive temporary maintenance or to deviate from the presumptive
amount shall include the reason or consideration for the waiver or
deviation. The court shall have jurisdiction to review such agreement and
to decline to approve such agreement if the court determines that the
agreement is unconscionable.
(II) At the time of the initial establishment of temporary maintenance
pursuant to this subsection (2), or in any proceeding to modify a temporary
maintenance order pursuant to this subsection (2), if a party is under an
obligation to pay maintenance or alimony pursuant to a prior valid court
order, an adjustment shall be made revising such party's income by the
amount of such maintenance or alimony actually paid prior to calculating
the amount of temporary maintenance.
(III) At the time of the initial establishment of temporary maintenance
pursuant to this subsection (2), or in any proceeding to modify a
temporary maintenance order pursuant to this subsection (2), if a party
is legally responsible for the support of other children who are not the
children of the parties and for whom the parties do not share joint legal
responsibility, an adjustment shall be made revising such party's income
by the amount of such child support paid prior to calculating the amount
of temporary maintenance.
(IV) (A) For purposes of this section,
"income" shall have the same meaning as that term is described in section 14-10-115(3).
(B) For purposes of calculating the formula set forth in this paragraph
(b), "monthly adjusted gross income" means gross income less preexisting
maintenance or alimony obligations actually paid by a party as described in
subparagraph (II) of this paragraph (b) and less the amount of child
support paid by a party, as described in subparagraph (III) of this
paragraph (b).
(c) The period of time covered by any temporary maintenance ordered
pursuant to this subsection (2), upon the request of a party, shall begin
at the time of the parties' physical separation or filing of the petition
or service upon the respondent, whichever occurs last, taking into
consideration payments made by either party during such period.
(d) Because spousal maintenance awards entered at temporary orders
pursuant to this subsection (2) are made under different standards and for
different reasons than spousal maintenance awards entered at permanent
orders, the temporary maintenance formula set forth in this subsection (2)
shall not be used for the determination of spousal maintenance orders to be
entered at permanent orders and any temporary maintenance order entered
pursuant to this subsection (2) shall not prejudice the rights of either
party at permanent orders.
(e) After determining the presumptive amount of temporary maintenance
pursuant to this subsection (2) and the amount of temporary child support
pursuant to section 14-10-115, the court shall consider the respective
financial resources of each party and determine the temporary payment of
marital debt and the temporary allocation of marital property.
(3) In a proceeding for dissolution of marriage or legal separation or a
proceeding for maintenance following dissolution of marriage by a court,
the court may grant a temporary maintenance order when the parties'
combined annual gross income is more than seventy-five thousand dollars or
a maintenance order at the time of permanent orders for either spouse only
if it finds that the spouse seeking maintenance:
(a) Lacks sufficient property, including marital property apportioned to
him or her, to provide for his or her reasonable needs; and
(b) Is unable to support himself or herself through appropriate
employment or is the custodian of a child whose condition or
circumstances make it appropriate that the custodian not be required to
seek employment outside the home.
(4) A temporary maintenance order in those circumstances in which the
parties' combined annual gross income is more than seventy-five thousand
dollars or a maintenance order entered at the time of permanent orders
shall be in such amounts and for such periods of time as the court deems
just, without regard to marital misconduct, and after considering all
relevant factors including:
(a) The financial resources of the party seeking maintenance, including
marital property apportioned to such party, and the party's ability to meet
his or her needs independently, including the extent to which a provision
for support of a child living with the party includes a sum for that party;
(b) The time necessary to acquire sufficient education or training to
enable the party seeking maintenance to find appropriate employment and
that party's future earning capacity;
(c) The standard of living established during the marriage;
(d) The duration of the marriage;
(e) The age and the physical and emotional condition of the spouse
seeking maintenance; and
(f) The ability of the spouse from whom maintenance is sought to meet his
or her needs while meeting those of the spouse seeking maintenance.
14-10-122. Modification and termination of provisions for maintenance,
support, and property disposition — automatic lien.
(1)(a) Except as otherwise provided in section 14-10-112 (6), 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, and, except as otherwise provided in subsection
(5) of this section, the provisions of any decree respecting child
support may be modified only as to installments accruing subsequent to
the filing of the motion for modification and only upon a showing of
changed circumstances that are substantial and continuing or on the
ground that the order does not contain a provision regarding medical
support, such as insurance coverage, payment for medical insurance
deductibles and copayments, or unreimbursed medical expenses. The
provisions as to property disposition may not be revoked or modified
unless the court finds the existence of conditions that justify the
reopening of a judgment.
(b) Application of the child support GUIDELINES AND SCHEDULE OF BASIC CHILD SUPPORT OBLIGATIONS set forth in section 14-10-115 to the
circumstances of the parties at the time of the filing of a motion for
modification of the child support order which results in less than a ten
percent change in the amount of support due per month shall be deemed not
to be a substantial and continuing change of circumstances
(c) In any action or proceeding in any court of this state in which
child support, maintenance when combined with child support, or
maintenance is ordered, a payment becomes a final money judgment,
referred to in this section as a support judgment, when it is due and not
paid. Such payment shall not be retroactively modified except pursuant to
paragraph (a) of this subsection (1) and may be enforced as other
judgments without further action by the court; except that an existing
child support order with respect to child support payable by the obligor
may be modified retroactively to the time that a mutually agreed upon
change of physical custody occurs pursuant to subsection (5) of this
section. A support judgment is entitled to full faith and credit and may
be enforced in any court of this state or any other state. In order to
enforce a support judgment, the obligee shall file with the court that
issued the order a verified entry of support judgment specifying the
period of time that the support judgment covers and the total amount of
the support judgment for that period. The obligee or the delegate child
support enforcement unit shall not be required to wait fifteen days to
execute on such support judgment. A verified entry of support judgment is
not required to be signed by an attorney. A verified entry of support
judgment may be used to enforce a support judgment for debt entered
pursuant to section 14-4-104. The filing of a verified entry of support
judgment shall revive all individual support judgments that have arisen
during the period of time specified in the entry of support judgment and
that have not been satisfied, pursuant to rule 54(h) of the Colorado
rules of civil procedure, without the requirement of a separate motion,
notice, or hearing. Notwithstanding the provisions of this paragraph
(c), no court order for support judgment nor verified entry of support
judgment shall be required in order for the county and state child
support enforcement units to certify past-due amounts of child support to
the internal revenue service or to the department of revenue for purposes
of intercepting a federal or state tax refund or lottery winnings.
(d) If maintenance or child support is modified pursuant to this section,
the modification should be effective as of the date of the filing of the
motion, unless the court finds that it would cause undue hardship or
substantial injustice or unless there has been a mutually agreed upon
change of physical custody as provided for in subsection (5) of this
section. In no instance shall the order be retroactively modified prior to
the date of filing, unless there has been a mutually agreed upon change of
physical custody. The court may modify installments of maintenance or child
support due between the filing of the motion and the entry of the order
even if the circumstances justifying the modification no longer exist at
the time the order is entered.
(1.5) (a) Lien by operation of law. (I) Commencing July 1, 1997,
all cases in which services are provided in accordance with Title IV-D of
the federal "Social Security Act", as amended, referred to in this
subsection (1.5) as "IV-D cases", shall be subject to the provisions of
this subsection (1.5), regardless of the date the order for child support
was entered. In any IV-D case in which current child support, child support
when combined with maintenance, or maintenance has been ordered, a payment
becomes a support judgment when it is due and not paid, and a lien therefor
is created by operation of law against the obligor's real and personal
property and any interest in any such real or personal property. The entry
of an order for child support debt, retroactive child support, or child
support arrearages or a verified entry of judgment pursuant to this section
creates a lien by operation of law against the obligor's real and personal
property and any interest in any such real and personal property.
(II) The amount of such lien shall be limited to the amount of the
support judgment for outstanding child support, child support when
combined with maintenance, maintenance, child support debt, retroactive
child support, or child support arrearages, any interest accrued
thereon, and the amount of any filing fees as specified in this section.
(III) A support judgment or lien shall be entitled to full faith and
credit and may be enforced in any court of this state or any other state.
Full faith and credit shall be accorded to such a lien arising from another
state that complies with the provisions of this subsection (1.5). Judicial
notice or hearing or the filing of a verified entry of judgment shall not
be required prior to the enforcement of such a lien.
(IV) The creation of a lien pursuant to this section shall be in addition
to any other remedy allowed by law.
(b) Lien on real property. (I) To evidence a lien on real property
created pursuant to this subsection (1.5), a delegate child support
enforcement unit shall issue a notice of lien and record the same in the
real estate records in the office of the clerk and recorder of any county
in the state of Colorado in which the obligor holds an interest in real
property. From the time of recording of the notice of lien, such lien shall
be an encumbrance in favor of the obligee, or the assignee of the obligee,
and shall encumber any interest of the obligor in any real property in such
county.
(II) The lien on real property created by this section shall remain in
effect for the earlier of twelve years or until all past-due amounts are
paid, including any accrued interest and costs, without the necessity of
renewal. A lien on real property arising pursuant to this subsection (1.5)
may be extended or renewed indefinitely beyond twelve years by rerecording
the lien every twelve years. Within twenty calendar days after satisfaction
of the debt or debts described in the notice of lien, the delegate child
support enforcement unit shall record a release of lien with the clerk and
recorder of the county where the notice of lien was recorded. A release of
lien shall be conclusive evidence that the lien is extinguished.
(III) The child support enforcement unit shall be exempt from the payment
of recording fees charged by the clerk and recorder for the recording of
notices of lien or releases of lien.
(c) Lien on personal property other than wages and moneys held by a
financial institution as defined in 42 U.S.C. sec.669 (d) or motor
vehicles. (I) To evidence a lien on personal property, other than wages
and moneys held by a financial institution as defined in 42 U.S.C. sec.669
(d) or motor vehicles, created pursuant to this subsection (1.5), the state
child support enforcement agency shall file a notice of lien with the
secretary of state by means of direct electronic data transmission. From
the time of filing the notice of lien with the secretary of state, such
lien shall be an encumbrance in favor of the obligee, or the assignee of
the obligee, and shall encumber all personal property or any interest of
the obligor in any personal property.
(II) The lien on personal property created by this section shall remain
in effect for the earlier of twelve years or until all past-due amounts
are paid, including any accrued interest and costs, without the necessity
of renewal. A lien on personal property arising pursuant to this
subsection (1.5) may be extended or renewed indefinitely beyond twelve
years by rerecording the lien every twelve years. Within twenty calendar
days after satisfaction of the debt or debts described in the notice of
lien, the state child support enforcement agency shall file a release of
lien with the secretary of state. The filing of such a release of lien
shall be conclusive evidence that the lien is extinguished.
(III) The state child support enforcement agency shall be exempt from
paying a fee for the filing of notices of liens or releases of liens with
the secretary of state pursuant to this paragraph (c).
(IV) For purposes of this paragraph (c), "personal property" means
property that the child support enforcement agency has determined has a net
equity value of not less than five thousand dollars at the time of the
filing of the notice of lien with the secretary of state.
(d) Lien on motor vehicles. (I) (A) To evidence a lien on a motor
vehicle created pursuant to this subsection (1.5), a delegate child support
enforcement unit shall issue a notice of lien to the authorized agent as
defined in section 42-6-102 (1), C.R.S., by first class mail. From the time
of filing of the lien for public record and the notation of such lien on
the owner's certificate of title, such lien shall be an encumbrance in
favor of the obligee, or the assignee of the obligee, and shall encumber
any interest of the obligor in the motor vehicle. In order for any such
lien to be effective as a valid lien against a motor vehicle, the obligee,
or assignee of the obligee, shall have such lien filed for public record
and noted on the owner's certificate of title in the manner provided in
sections 42-6-121 and 42-6-129, C.R.S.
(B) Liens on motor vehicles created by this section shall remain in
effect for the same period of time as any other lien on motor vehicles as
specified in section 42-6-127, C.R.S., or until the entire amount of the
lien is paid, whichever occurs first. A lien created pursuant to this
section may be renewed pursuant to section 42-6-127, C.R.S. Within twenty
calendar days after satisfaction of the debt or debts described in the
notice of lien, the delegate child support enforcement unit shall release
the lien pursuant to the procedures specified in section 42-6-125,
C.R.S. When a lien on a motor vehicle created pursuant to this subsection
(1.5) is released, the authorized agent and the executive director of the
department of revenue shall proceed as provided in section 42-6-126,
C.R.S.
(C) The child support enforcement unit shall not be exempt from the
payment of filing fees charged by the authorized agent for the filing of
either the notice of lien or the release of lien. However, the child
support enforcement unit may add the amount of the filing fee to the lien
amount and collect the amount of such fees from the obligor.
(II) For purposes of this subsection (1.5), "motor vehicle" means any
self-propelled vehicle that is designed primarily for travel on the public
highways and that is generally and commonly used to transport persons and
property over the public highways, trailers, semitrailers, and trailer
coaches, without motive power; that has a net equity value based upon the
loan value identified for such vehicle in the national automobile dealers'
association car guide of not less than five thousand dollars at the time of
the filing of the notice of lien and that meets such additional conditions
as the state board of human services may establish by rule; and on which
vehicle a lien already exists that is filed for public record and noted
accordingly on the owner's certificate of title. "Motor vehicle" does not
include motorized bicycles, as defined in section 42-1-102 (59)(b),
C.R.S.; vehicles that operate only upon rails or tracks laid in place on
the ground or that travel through the air or that derive their motive power
from overhead electric lines; farm tractors, farm trailers, and other
machines and tools used in the production, harvesting, and care of farm
products; and mobile machinery, self-propelled construction equipment, or
industrial machinery not designed primarily for highway transportation.
"Motor vehicle" does not include a vehicle that has a net equity value
based upon the loan value identified for such vehicle in the national
automobile dealers' association car guide of less than five thousand
dollars at the time of the filing of the notice of lien and does not
include a vehicle that is not otherwise encumbered by a lien or mortgage
that is filed for public record and noted accordingly on the owner's
certificate of title.
(e) Priority of a lien. (I) A lien on real property created pursuant to
this section shall be in effect for the earlier of twelve years or until
all past-due amounts are paid and shall have priority over all unrecorded
liens and all subsequent recorded or unrecorded liens from the time of
recording, except such liens as may be exempted by regulation of the
state board of human services. A lien on real property arising pursuant
to this subsection (1.5) may be extended or renewed indefinitely beyond
twelve years by rerecording the lien every twelve years.
(II) A lien on personal property, other than motor vehicles, created
pursuant to this section shall be in effect for the earlier of twelve years
or until all past-due amounts are paid and shall have priority from the
time the lien is filed with the central filing officer over all unfiled
liens and all subsequent filed or unfiled liens, except such liens as may
be exempted by regulation of the state board of human services. A lien on
personal property arising pursuant to this subsection (1.5) may be extended
or renewed indefinitely beyond twelve years by rerecording the lien every
twelve years.
(III) Liens on motor vehicles created pursuant to this section shall
remain in effect for the same period of time as any other lien on motor
vehicles as specified in section 42-6-127, C.R.S., or until all past-due
amounts are paid, whichever occurs first, and shall have priority from the
time the lien is filed for public record and noted on the owner's
certificate of title over all unfiled liens and all subsequent filed or
unfiled liens, except such liens as may be exempted by regulation of the
state board of human services.
(f) Notice of lien — contents. (I) The notice of lien shall contain
the following information:
(A) The name and address of the delegate child support enforcement unit
and the name of the obligee or the assignee of the obligee as grantee of
the lien;
(B) The name, social security number, and last-known address of the
obligor as grantor of the lien;
(C) The year, make, and vehicle identification number of any motor
vehicle for liens arising pursuant to paragraph (d) of this subsection
(1.5);
(D) A general description of the personal property for liens arising
pursuant to paragraph (c) of this subsection (1.5);
(E) The county and court case number of the court of record that issued
the order of current child support, child support debt, retroactive child
support, child support arrearages, child support when combined with
maintenance, or maintenance or of the court of record where the verified
entry of judgment was filed;
(F) The date the order was entered;
(G) The date the obligation commenced;
(H) The amount of the order for current child support, child support
debt, retroactive child support, child support arrearages, child support
when combined with maintenance, or maintenance;
(I) The total amount of past-due support as of a date certain; and
(J) A statement that interest may accrue on all amounts ordered to be
paid, pursuant to sections 14-14-106 and 5-12-101, C.R.S., and may be
collected from the obligor in addition to costs of sale, attorney fees, and
any other costs or fees incident to such sale for liens arising pursuant to
paragraphs (b) and (c) of this subsection (1.5).
(II) For purposes of liens against motor vehicles, the notice of lien
shall include the information set forth in subparagraph (I) of this
paragraph (f) in addition to the information specified in section 42-6-120,
C.R.S.
(g) Rules. The state board of human services shall promulgate rules
and regulations concerning the procedures and mechanism by which to
implement this subsection (1.5).
(h) Bona fide purchasers — bona fide lenders. (I) The provisions of
this subsection (1.5) shall not apply to any bona fide purchaser who
acquires an interest in any personal property or any motor vehicle without
notice of the lien or to any bona fide lender who lent money to the obligor
without notice of the lien the security or partial security for which is
any personal property or motor vehicle of such obligor.
(II) For purposes of this paragraph (h):
(A) "Bona fide purchaser" means a purchaser for value in good faith and
without notice of an adverse claim, including but not limited to an
automatic lien arising pursuant to this subsection (1.5).
(B) "Bona fide lender" means a lender for value in good faith and without
notice of an adverse claim, including but not limited to an automatic lien
arising pursuant to this subsection (1.5).
(i) No liability. No clerk and recorder, authorized agent as defined in
section 42-6-102 (1), C.R.S., financial institution, lienholder, or filing
officer, nor any employee of any of such persons or entities, shall be
liable for damages for actions taken in good faith compliance with this
subsection (1.5).
(j) Definition. For purposes of this subsection (1.5), "child support
debt" shall have the same meaning as set forth in section 26-13.5-102 (3),
C.R.S.
(2) Unless otherwise agreed in writing or expressly provided in the
decree, the obligation to pay future maintenance is terminated upon the
death of either party or the remarriage of the party receiving maintenance.
(3) Unless otherwise agreed in writing or expressly provided in the
decree, provisions for the support of a child are terminated by
emancipation of the child but not by the death of a parent obligated to
support the child. When a parent obligated to pay support dies, the
amount of support may be modified, revoked, or commuted to a lump-sum
payment, to the extent just and appropriate in the circumstances.
(4) Notwithstanding the provisions of subsection (1) of this section,
the provisions of any decree respecting child support may be modified as
a result of the change in age for the duty of support as provided in
section 14-10-115 (15), but only as to installments accruing
subsequent to the filing of the motion for modification; except that
section 14-10-115 (15) (b) does not apply to modifications of
child support orders with respect to a child who has already achieved the
age of nineteen as of July 1, 1991.
(5) Notwithstanding the provisions of subsection (1) of this section,
when a mutually agreed upon change of physical care occurs, the
provisions for child support of the obligor under the existing child
support order, if modified pursuant to this section, will be modified as
of the date when physical care was changed. When a mutually agreed upon
change of physical care occurs, parties are encouraged to avail
themselves of the provision SET FORTH IN SECTION 14-10-115 (14) (a) for
updating and modifying a child support order without a court hearing.