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Alimony Modification (Known as Maintenance in Colorado)

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Alimony Modification – Colorado Maintenance

Divorce is never an easy decision. This is a relationship that has not worked out in the way that you had hoped. What was once the most important person in your life becomes your adversary. Even if this is not the case and you keep trusting each other completely, having a lawyer on both sides will allow the divorce proceedings to go smoothly.

At the same time, these wounds often remain even after all the papers have been signed. In some cases, one or both ex-spouses will look at the financial arrangements that have been made during the divorce proceedings and find that it is not as fair as they had hoped. Or circumstances could change, and modifications need to be made. This is when you would need a good Denver spousal support modification lawyer that will look after your best interests.

Our lawyers at Price Family Law have years of experience working in family law. This includes things like spousal support and divorce proceedings. It also includes things like child custody, and even grandparents’ rights. We are experienced working as child custody lawyer and giving our clients the very best that we have to offer. We also know the ins and outs of family law in Denver. This is important since these laws can differ from state to state.

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What Is Spousal Maintenance Modification?

Spousal maintenance is the legal term in Denver for alimony that one party receives from a former spouse. Modification of spousal maintenance in Denver can be requested by either of the parties involved — the ex-spouse who is making these payments or the one that has received the payments.

You might not feel like a fair agreement has been met, or it could be that an agreement that was fair a few years ago is not fair anymore. Then you can contact a Denver spousal support modification lawyer that can assist you with your claim.

Some people believe that things like who filed for divorce first can negatively impact your chances of getting a fair deal, but attorneys like our team at Price Family Law are going to work hard to ensure that this is not the case.

It does not depend on which party was the one to end the marriage. It does not even depend on which party has the children more often and takes care of them. Child support is a separate matter that will be dealt with on its own. But a support lawyer can help ensure that spousal maintenance, which is the support an ex-partner is legally entitled to, is properly addressed.

Who Receives Spousal Maintenance?

In most cases, marriage is a partnership that has been built over a period of time. Spouses work together to reach their common goals, and this can require sacrifice from both parties. In some cases, they might decide that one will work and the other will stay home with the family. It is a decision that a family decides on.

But if the marriage dissolves, this individual could be left with a problem. They have not been working for a while, and suddenly finding work is difficult. They have gaps in their employment time, and that can lead to even greater difficulty.

This is a situation when spousal support could come into play. If one person’s income is too low to meet their daily needs or the other’s income is much higher, then spousal maintenance can be requested. This will be awarded to assist the person in their own needs. If children are involved, then child support lawyer can also come into play. But this is a separate matter that won’t influence spousal maintenance. Child support is supposed to go toward the children’s care and is not for the needs of the other parent.

What a Spousal Support Modification Attorney Can Do for You

Fighting with someone that you used to care about is never easy. It is a lot easier to have a neutral party insisting on your rights and working to get the best deal that they could possibly get. Remember, it is never a good idea to only have one spousal support modification lawyer for the two of you. They will always put their client first. You need someone that can work for you.

A spousal support modification attorney can understand the smallest details in your case and make a unique plan that will assist you.

This attorney will:

  • Help you with an analysis to determine whether requesting a modification to your current spousal support plan makes sense.
  • Assist with all the documentation and steps that you need to follow to file this motion for modification.
  • Understand the unique aspects of your spousal maintenance plan and what you wish to gain from the modification.
  • Keep your interests at the forefront of all proceedings and work toward your goals.
  • Represent you at hearings. This can sometimes even mean that you do not need to take time off to appear personally.

This will free you up to focus on the things that really matter, like building your new future and taking care of your family.

Requirements for Alimony Modification

A spousal support plan will be created when the divorce first happens. The courts will look at the situation and create a plan that they feel is fair, or the attorneys will create a plan that both parties can live with. Getting this plan changed is not easy. You will need to meet a certain threshold before the courts will even start the process of looking into modification.

The Threshold to Meet

There are three different factors that will often influence courts to reconsider the current spousal maintenance plan that is in effect. These factors are:

  • Sudden increase or decrease in the income of either party
  • Change in the expenses for children
  • Sudden loss of assets — for example, losing property through natural disaster.

The factors will impact the quality of life that both parties have and what they are entitled to. If the person who is paying the spousal support suddenly has less money to pay, it would not be fair to completely deprive them of their own means of support. At the same time if they can pay more, then the ex-spouse might be entitled to a more generous payment.

But the same goes when the ex who is receiving the support has started to make more money on their own. If they can afford to live a good lifestyle with less support, then the courts might decide that it is time to reduce the amount of assistance that they are receiving.

Other Factors to Consider

Those are generally the three factors that will be considered when one of the parties requests maintenance modification. They are the main reasons why this type of plan will be modified. But there are other factors that will also be considered if they do come into consideration –for example, if proof has been found that one of the ex-spouses wasn’t truthful when they revealed their assets and that they are better off than they had led the courts to believe.

There are even times when a spousal maintenance plan can be completely terminated. This does not happen often, but if the responsibility that one ex-spouse has for the other falls away, it can happen. One of the most common ways that this can happen is when the ex that is receiving the support gets remarried. This often ends the plan completely. There are however exceptions, when the courts decide to still allow a percentage of this spousal support to be paid.

Price Family Law can assist you with all manners of extreme spousal support plans, both during the first phase when you are just getting your divorce and also later on if you need any modifications to be made to the existing plan.

Getting Someone in Your Corner

Many people enter into divorce negotiations and later modifications with the very best of intentions. They do not want to create a big fight, and often one of the parties is so tired of fighting that they will agree to almost any plan just to get everything settled.

That is not conducive to creating a fair plan that works for both parties that are involved. Spousal maintenance modification can be another tricky subject, since you might feel that this part of your life is behind you, and you do not want to open up old wounds.

At Price Family Law, the most important thing is to ensure that the emotions of the individuals are considered. Yes, this is a financial conflict, but these are families that have been involved; and we would like to assist you in keeping this family intact as far as it is possible.

With our experienced family lawyer at Price Family Law behind you, you will always have someone to back you up. This will not be a fight that you need to do on your own since we will be with you every step of the way. You don’t have to enter into your own negotiations since we will ensure that your best interests are always front and center. You let us know what you would like to achieve, and we will work toward that goal.

Contact us at (720) 615-1750 for a free consultation or to learn out more about the services that we have to offer.

Attorney Trista Price

Trista McElhaney Price is a founding partner at Price Family Law, LLC. She specializes in high-asset divorce cases and legal matters involving complex business and financial issues as well as complex custody matters involving domestic violence, substance abuse issues, and mental health issues. Read Full Bio.

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