info on maintenance modifcation

[LdiJ]

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...

Nevertheless...what would have happened to you if he got hit by a bus and was gone prior to the end date of alimony? You need a plan.

 

[I'mTheFather]

Did you use the calculator guidelines when setting the initial alimony? I think you ought to run the numbers. I think it's possible that his obligation will drop substantially. It will probably depend on both of your incomes.

Do you have kids together? How long were you married?

 

[stealth2]

Well... It's foolish to rely on alimony or child support. What if (God forbid) he died?

 

[Bali Hai]

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

Help you get back to where you were before the divorce? How are you supposed to recover and actually get on your feet firmly?

Where is HE now? Is he back to where he was before the divorce on his feet firmly?

As much as you want it to be, this isn't all about YOU.

 

[CJane]

I'm a little surprised by this, actually... but here's the statute and some similar case law, thanks to The Google.

C.R.S. §14-10-122(1)(a): [T]he provisions of any decree respecting maintenance may be
modified only as to installments accruing subsequent to the motion for modification and only
upon a showing of changed circumstances so substantial and continuing as to make the
terms unfair.....
C.R.S. §14-10-122(2): Unless otherwise agreed in writing or expressly provided in the decree,
the obligation to pay future maintenance is terminated upon the death of either party or the
remarriage of the party receiving maintenance.
II. Case Law:
a. In re Marriage of Weibel, 965 P.2d 126 (Colo. App. 1998). Wife was receiving
$800 per month in maintenance. Wife was able to live frugally and contribute to
her savings every month. Husband filed a Motion to Modify Maintenance
claiming that the original award was unfair because Wife did not need
maintenance. Husband did not argue that he was unable to afford the
maintenance. A party seeking modification of an existing maintenance order
bears a heavy burden. When determining a motion for modification, the trial
court should not consider whether, based on the current circumstances, it would
have awarded a different amount of maintenance. The correct inquiry is whether
the original award has become unfair. The fact that recipient of maintenance has
increased his or her income, does not, by itself, make the original award
unconscionable.

 

[Bali Hai]

I'm a little surprised by this, actually... but here's the statute and some similar case law, thanks to The Google.

C.R.S. §14-10-122(1)(a): [T]he provisions of any decree respecting maintenance may be
modified only as to installments accruing subsequent to the motion for modification and only
upon a showing of changed circumstances so substantial and continuing as to make the
terms unfair.....
C.R.S. §14-10-122(2): Unless otherwise agreed in writing or expressly provided in the decree,
the obligation to pay future maintenance is terminated upon the death of either party or the
remarriage of the party receiving maintenance.
II. Case Law:
a. In re Marriage of Weibel, 965 P.2d 126 (Colo. App. 1998). Wife was receiving
$800 per month in maintenance. Wife was able to live frugally and contribute to
her savings every month. Husband filed a Motion to Modify Maintenance
claiming that the original award was unfair because Wife did not need
maintenance. Husband did not argue that he was unable to afford the
maintenance. A party seeking modification of an existing maintenance order
bears a heavy burden. When determining a motion for modification, the trial
court should not consider whether, based on the current circumstances, it would
have awarded a different amount of maintenance. The correct inquiry is whether
the original award has become unfair. The fact that recipient of maintenance has
increased his or her income, does not, by itself, make the original award
unconscionable.

"The correct inquiry is whether the original award has become unfair".

And what metrics will be used by the court to decide if the award has become unfair? I can't find a definition for "legally unfair".

So we are back to the judge's subjective opinion.

 

[tuffbrk]

On what basis is he requesting a modification? Has he recently lost his job? He can't just up and decide that a different amount is more suitable for him to pay.

A couple of thoughts -

You need to find out the typical retainer/cost to go to court for this issue. If the cost is more than what you would lose accepting a lesser amount, it may make more sense to forego court and just take the lesser amount. If you're on probation at work it's probably not an ideal time for you to be taking time off to go to court so keep that in mind as well.

I would recommend looking up some Appellate opinions in your state to gain an understanding of how likely a court is to actually modify an alimony award after less than a year's time. In many states, they decline to modify so quickly after the divorce in which case he would be denied his request in court. I don't know if that's the case in your state.

Have you considered a counter offer to his $245 a month? Perhaps float $450 to him, advise anything less would be incredibly difficult and see how he responds. If you can manage with a lesser monthly amount, it doesn't hurt to give it a shot.