Denver
Alimony / Maintenance
Modify Maintenance
Individuals often want to know
if it is possible to modify the original agreement or Court
order for maintenance?
Maintenance can be modifiable or non-modifiable depending on
the wording of the original divorce documents. The parties
can agree that Maintenance is non-modifiable by stating it
clearly in the final divorce documents.
If there is no wording in the final divorce documents that
makes maintenance non-modifiable then it is possible to
modify it under certain circumstances. On a Motion to Modify
Maintenance, the Court must find a “substantial and
continuing” change in circumstances, which renders the
original amount unfair.
Any change in circumstance will not suffice; rather, the
Court must determine that the new circumstances make the
current maintenance unconscionable for the party paying it.
As with the original determination of maintenance by the
Court, the standard is rather subjective and smart advocacy
by your attorney along with convincing facts is required to
convince the court that a change is warranted.
Knowing the
tendency of the family law court judges is also an
important part of developing the right strategy for a
modification of maintenance.
If you would like to ask one of
our attorneys a question about modifying maintenance or
skip that step and come in for a
consultation, we encourage you to do so sooner
rather than later. The longer you wait to speak with a
Colorado family law attorney the higher your chances are of
inadvertently giving up your legal rights.
What makes Matthews &
Matthews a better choice to help you with your Colorado
maintenance? |
