Just Me,
I see, I was confusing things - your correct you don't need to be married to enforce child support. I was going in a different direction.
I'm wondering, as a married woman, if I go to court today what can I get the court to enforce as far as financial support by my husband? How does my marriage contract protect me during the marriage?
In Colorado, every state is different, spousal support is called maintenance (alimony) and the length of the marriage is on of the several statutory elements that a judge utilizes to subjectively determine an award of maintenance. That would be directly available only on the marriage contract - I suppose we could imagine a world your imagining where the length of time the couple was together based on family members and friends as witnesses could be utilized. But the whole idea of the spousal support is the spouse sacrificed other educational or work gains for the purpose of being with the children while the other spouse utilized that help to gain in those same areas.
When the family law judge is considering what maintenance should be payable after a dissolution, there is no exact scientific formula to guide him/her. Instead, Colorado divorce law sets out the factors to consider when determining an award, including the following:
(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.
Generally, the longer the marriage, the more likely the court is to award alimony in Colorado. There is no set scientific or mathematical standard, but spouses married just a couple of years do not often receive maintenance upon divorce in Colorado. After ten years of marriage it becomes a very real matter for a judge to decide on. If the marriage was long enough (typically at least 20 years or more), the Colorado divorce judge may award one spouse lifetime alimony.
sorry for the confusion,
mikwut
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