Q: I have remarried. I receive alimony. I live in CO. Am I suppose to inform him and tell him he doesn't pay anymore?
Or do we need to file something with the court? It states in agreement it ends when married. I do not speak to him. So I was going to send a letter which might mean an extra payment is made. Does he have to know the exact date, etc.
A: You have to file with the court to terminate alimony. The form is short and you will want a copy of your current marriage certificate. After the form is filed with the court, you will need to mail the notice to your ex. Do not cash the check (if you receive one) for the extra payment (I recommend that you make a copy and send the check back with the notice). Here is a link to the forms: http://www.intotolegal.com/upcoming%20Events/Forms.html . Visit your local courthouse for guidance and assistance.
A: If your divorce orders indicate that maintenance ends when you remarry, it is implied that you have a duty to tell him. He is no longer under a duty to pay. If and when he finds out you married he is going to want to know as of when. If he finds that he paid maintenance after that date he would have the ability to file something with the court asking for reimbursement of all funds paid after the date of marriage.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
