Facilitating Successful Maintenance Order Modifications
The financial circumstances of ex-spouses undoubtedly change. These changes include loss of employment, retirement, obtaining an advanced degree, increase in earning capacity or income, and changes to the physical or mental health. These changes can impact both the right to receive maintenance and the obligation to pay maintenance.
If you need to receive more spousal maintenance or reduce the amount you are paying, you can seek counsel from me. I am Tucker M. Katz, Attorney at Dietze & Davis, P.C. At my law firm, I represent family law clients in Boulder and throughout the Colorado Front Range.
When Will A Court Modify A Maintenance Order?
Unless parties have specifically agreed otherwise, any provision regarding spousal maintenance orders, including both the amount and the duration, may be modified. A party seeking to modify a maintenance award must show a change in circumstances so substantial and continuing as to make the existing maintenance obligation unfair. Thus, when confronted with a change in circumstances, a party contemplating how that change impacts their right to maintenance or their obligation to pay maintenance must determine:
- Whether their maintenance is modifiable
- Whether the change is substantial
- Whether the change is continuing
- Whether the change makes the existing maintenance obligation unfair
- What a fair maintenance award would be in light of the change
You will have to demonstrate to a Colorado family law court that the modification is justified. I can advocate for you by putting together a detailed case on your behalf. Frequently, I help ex-spouses reach positive compromises without having to appear at trial.
Schedule Your Consultation With A Maintenance Modification Attorney
I have worked successfully with clients seeking to increase the amount and duration of maintenance and client’s seeking to decrease or terminate their maintenance obligation. If you have experienced a change in circumstances, or if you believe your ex-spouse’s circumstances have changed, call my Boulder law office at 303-872-8041 or email me today to discuss whether you are entitled to a modification of maintenance.