info on maintenance modifcation

[pwm]

What is the name of your state (only U.S. law)? Colorado
My ex is attempting to have the maintenance he pays me modified, I did obtain job since the divorce and do make more money.... We did the original papers ourselves...I was working for under $10/hr at the time of the divorce and not full time. We agreed on $600/mo at that time and had a verbal agreement to not change it. He of course does not remember the verbal and I was trusting and did not put a clause into the papers that is could not be changed.

I now have a job earning $20/hr,I am still on a probationary period for my job until 2/18/2015...and have been able to purchase a house. . All things I am doing to try to get back to the level of life I had prior to the divorce. I need his support for the next 20 months (time remaining) to maintain my bills and keep my house.

What are the chances if I go to court that he will be able to lower/eliminate the amount he pays. He also pays $800/mo to a previous ex for child support. that goes down to $400 in January cause one of the kids is coming to live with him.

Help please I need to know if I should take the measly $245/mo he is offering or go to court. He will not even figure an amount for the rest of this year and then a change after his reduction in child support for next year. He wants to rehash after Jan 1.

 

[Silverplum]

What is the name of your state (only U.S. law)? Colorado
My ex is attempting to have the maintenance he pays me modified, I did obtain job since the divorce and do make more money.... We did the original papers ourselves...I was working for under $10/hr at the time of the divorce and not full time. We agreed on $600/mo at that time and had a verbal agreement to not change it. He of course does not remember the verbal and I was trusting and did not put a clause into the papers that is could not be changed.

I now have a job earning $20/hr,I am still on a probationary period for my job until 2/18/2015...and have been able to purchase a house. . All things I am doing to try to get back to the level of life I had prior to the divorce. I need his support for the next 20 months (time remaining) to maintain my bills and keep my house.

What are the chances if I go to court that he will be able to lower/eliminate the amount he pays. He also pays $800/mo to a previous ex for child support. that goes down to $400 in January cause one of the kids is coming to live with him.

Help please I need to know if I should take the measly $245/mo he is offering or go to court. He will not even figure an amount for the rest of this year and then a change after his reduction in child support for next year. He wants to rehash after Jan 1.

Word-for-word, what does the alimony/maintenance section of your decree state, minus names?

 

[Zigner]

I'm sure that he remembers the verbal agreement. I'm also sure that he is aware that it means nothing.

 

[pwm]

Word-for-word, what does the alimony/maintenance section of your decree state, minus names?

Maintenance agreement
1- Husband shall pay maintenance to the wife $600

2-Payments will begin on November 15, 2013 and will end on April 15, 2017 or until the court modifies this order pursuant to 14-10-122 C.R.S.

3-Maintenance shall be paid -
directly to the wife

 

[LdiJ]

Word-for-word, what does the alimony/maintenance section of your decree state, minus names?

This question is critical to answer.

 

[Zigner]

2-Payments will begin on November 15, 2013 and will end on April 15, 2017 or until the court modifies this order pursuant to 14-10-122 C.R.S.

It's clear that it is modifiable.

 

[Silverplum]

It's clear that it is modifiable.

And with the OP earning twice as much per hour as when the divorce occurred, I see no reason for her X to file to modify.

However, Poster, he owes $600/mo till a judge modifies it.

 

[pwm]

It's clear that it is modifiable.

I get that.... just how modifiable... can I loose it all... what are my chances in court?... I can't make my bills without his money.. I don't want to lose my house... I'm at a loss for what to do.

 

[Silverplum]

I get that.... just how modifiable... can I loose it all... what are my chances in court?... I can't make my bills without his money.. I don't want to lose my house... I'm at a loss for what to do.

Nobody can really give odds. (I *think* it will be halved, myself.)

 

[LdiJ]

I get that.... just how modifiable... can I loose it all... what are my chances in court?... I can't make my bills without his money.. I don't want to lose my house... I'm at a loss for what to do.

I mean this in a kindly way...seriously. If 600.00 means the difference between you keeping or losing your house, then you maybe made a mistake buying the house. However, all is not lost either. A second, part time job could make up the difference. That also doesn't mean that you should roll over and play dead either.

You were going to lose that money in less than three years anyway...and you would still have that house payment. He will still owe you that money until a court says otherwise. It would be in your best interest to start exploring ways to supplement your income now.

 

[pwm]

And with the OP earning twice as much per hour as when the divorce occurred, I see no reason for her X to file to modify.

However, Poster, he owes $600/mo till a judge modifies it.

I have been told that if the judge modifies it it could be retroactive to the date he filed the motion and I would have to repay the difference... UGH

SO at this point I am trying to drag it out as long as I can to get more from him. and still trying to work it out with him without the courts...

 

[pwm]

Nobody can really give odds. (I *think* it will be halved, myself.)

Thank you ! I understand that there are no definitive answers... just looking to see if someone has been through this recently and what the courts will/will not look at... Do they give a crap or just look at the black and white of things.

I thought maintenance was to help me get back to where I was before the divorce... so one month after I get out of my rental and actually purchase a house with down payment assistance from the city, he files this motion... how am I supposed to recover and actually get on my feet firmly... I haven't even been at my job for a full year and am still on a probationary status perios

 

[pwm]

I'm sure that he remembers the verbal agreement. I'm also sure that he is aware that it means nothing.

I know he remembers it.....he is just being a PIA. My mistake for trusting someone, I get that. But we judge others on ourselves and I am a person of my word... until *you* break yours...

 

[Silverplum]

Thank you ! I understand that there are no definitive answers... just looking to see if someone has been through this recently and what the courts will/will not look at... Do they give a crap or just look at the black and white of things.

I thought maintenance was to help me get back to where I was before the divorce... so one month after I get out of my rental and actually purchase a house with down payment assistance from the city, he files this motion... how am I supposed to recover and actually get on my feet firmly... I haven't even been at my job for a full year and am still on a probationary status perios

That was just my guess. And I vigorously agree with Ldij, that you have overextended yourself.

 

[pwm]

I mean this in a kindly way...seriously. If 600.00 means the difference between you keeping or losing your house, then you maybe made a mistake buying the house. However, all is not lost either. A second, part time job could make up the difference. That also doesn't mean that you should roll over and play dead either.

You were going to lose that money in less than three years anyway...and you would still have that house payment. He will still owe you that money until a court says otherwise. It would be in your best interest to start exploring ways to supplement your income now.

I understand about buying the house on a tight budget... I had planned to have a couple bills paid off by the time the payments from him ran out and then it would be all equal and I would be fine.... Plus in that time frame I would have a couple of small (and I mean small ) raises from work to help close the gap.

I am not rolling over and playing dead... that is why I am here trying to get some advice and see what other options I may have...