Are you involved in a spousal maintenance case? An experienced Colorado Springs divorce and child custody lawyer can guide you through the legal process and assist you in exploring your options. You have one bite at the apple in the court system so make it count.
Spousal maintenance is an important part of many dissolution of marriages. It is intended to provide a dependent spouse financially viability until he or she can become self-supporting. It is most often modifiable by the court which means that it can change based on future income changes. Usually if spousal maintenance is modified, it is because a payor has a lower ability to pay the same amount. The legal standard for a reduction in maintenance is a substantial and continuing change that has made the original award unfair. C.R.S. 14-10-122. Maintenance guidelines are advisory so courts have a great deal of discretion in awards; consequently awards may differ substantially between courtrooms.
Spousal maintenance is based on the marital standard of living and is not intended to simply maintain a spouse at a minimum survival level. However, sustainment at the marital level is not always possible as it is more expensive to maintain two separate households instead of one marital household. Spousal maintenance can be ordered in an action for dissolution of marriage or civil union, an action for legal separation, or an action for declaration of invalidity of marriage. With regards to civil unions, “[p]arties to a civil union are responsible for the financial support of one another in the manner prescribed under law for spouses.” Maintenance is requested as a remedy in a petition for the appropriate action.
Spousal Maintenance GuidelinesColorado has established guidelines for the award of spousal maintenance based in part on years of marriage and incomes. The guidelines cover marriages where the combined annual adjusted gross income of the parties does not exceed $240,000. This contrasts with the child support guidelines cap of $$40,000 combined monthly income. However, there are other factors considered in maintenance awards as well. Spousal maintenance guidelines are advisory and courts have a great deal of discretion in determining awards. The guidelines typically function as a starting point. If parties entering into a separation agreement agree to simply adopt the guidelines’ amount, that is the simplest way to address spousal maintenance. Though there are many arguments to be made for upward or downward deviations as the court must consider a number of factors mentioned below as well as the guidelines calculations.
Turning Change Into Opportunity in Colorado Springs, Colorado Divorce and Child Custody
A highly knowledgeable and experienced Colorado Springs divorce and child custody lawyer can guide you through Colorado Springs divorce and child custody matters by negotiating, mediating and litigating on your behalf. You can focus on moving to a better future instead of spending your time attempting to navigate complex legal rules and procedures.
Sabra Janko from Janko Family Law has more than 20 years of legal experience and has written “the book” on Colorado divorce and family law – “Colorado Family Law With Forms”, published by LexisNexis, which you can find at . Contact us at 719-344-5523 or complete our online scheduling request for a free 30-minute informational consultation. We also offer paid advice sessions for a more in-depth analysis of your case.