Can I prove that Ex-wife is now in a common law marriage Colorado

[Calirado]

My wife and I separated 7 years ago because of her infidelity and were divorced 6 years ago. I realize that infidelity is not something that the courts look at in a divorce case, but even before we were divorced, she had another man living with her and my two children.

That same person, to my childrens benefit - at least she hasn't had 20 or 30 of them, is still living and helping with support of the house, utilities and food, however they have never married.

The reason - she receives $3500 a month from me for maintenance plus child support.

My oldest child came to live with me in California this last year to start high school, so we both have one child. We are going to court over child support in February as she now states that she needs even more money than when she had both children.

Are there any cases in the past in Colorado where the ex-husband was able to use common law as a defense against a greedy ex-wife?

I have not been able to determine if they have any joint financial dealings, even with her financial afidavit. She does admit that he lives there, but does not show any income from his support, she does wear a wedding band and my children call his parents Papa' and Gran.

Love and Hate Colorado

[demartian]

I found this information:

Without regard to marital misconduct, the court will consider all relevant factors when making an award including, but not limited to: (1) The financial status of the party seeking maintenance; (2) The time necessary to gain employment or establish earning capacity (3) The standard of living enjoyed during the marriage; (4) The duration of the marriage; (5) The age and the health condition of the spouse seeking maintenance; and (6) The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance. (Colorado Statutes - Article 10 - Sections: 14-10-114, 14-10-117)


If she is ABLE to earn money, even if she chooses not to, that should be taken into consideration as well. Since you have a child with you, you should also file for child support from her. It may not be as much, but there WILL be a minimum requirement for your state.