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To answer this question, the first step is for your father to review his separation agreement. Look for the following:
Duration of alimony: A 20+ year alimony award, although possible, is not typical. Your father should double check that alimony payments are still required. Perhaps he has overpaid?
Contractual Alimony: Alimony cannot be modified if the parties agreed to make it contractual, non-modifiable. This would have to be the expressed, written agreement of the parties. Specifically the courts have stated that “[e]xcept upon written agreement of the parties, an award of maintenance...may be modified or terminated pursuant to the provisions of section 14-10-122.” — Colorado Revised Statute 14-10-114(5)(a).
If the alimony is not contractual or if the parties went to a permanent orders hearing and the judge decided what the alimony would be the alimony is modifiable. The courts will modify the alimony if the terms of the award are unfair and the change in circumstances is continuing and substantial.
A modification is retroactive to the date of filing in most cases, so the sooner your father files the better. As you can tell, the determination of whether a modification is possible can be fairly complex.
Since we offer a free case assessment I would recommend that your father contact us to learn his options during a confidential consultation with our family law team. Other than an hour of his time he has nothing to lose in exploring his options.
For further research check out our articles on this topic: Modifying Parenting Time & Alimony and If I Lose My Job, Do I Still Have To Pay Alimony In Colorado?
