Denver Divorce Lawyer News & Blog

Acrimony over Alimony?


BLOG DM What Can I Do About My Past Due Child Support PHOTOWhen two people in Colorado get divorced, circumstances may create the need for one of the parties to receive maintenance (also known as spousal support or alimony). Perhaps one party lacks the property necessary to meet basic needs, or is unable to work to support his or herself. In these situations, the courts might look at a few factors, including the length of the marriage, the health of both parties and the allocation of marital property to determine if one spouse is entitled to spousal support.

But the process does not always end there. In some cases, the supporting spouse will refuse to pay spousal support. Nonpayment of spousal support can result in dire financial straits for the party owed, especially in cases where the party cannot support themselves due to poor health or the need to care for a child.

How to Prove My Spouse Is Not Paying Spousal Support

If you are going to seek legal action against a nonpaying spouse, you must first provide proof of nonpayment. In Colorado, the proof can come in the form of:

Ӣ A signed affidavit declaring, under penalty of perjury, that you have not received payment
Ӣ Records of nonpayment certified by a court clerk
Ӣ Family Support Registry (FSR) records of nonpayment

Divorce Matters ”“ Denver Family Law Attorneys