Divorce is never the end result that you imagine as you and your spouse work to build your life together. Until starting the divorce process, no one expects to have to upend their lives, scrutinize every detail of their financial circumstances, and then come up with a fair solution for a newly divided household. The Centennial alimony attorneys at Plog & Stein, P.C. have years of experience representing divorce clients, including dealing with the issue of spousal support (called “maintenance” in Colorado).
When monthly cash flow and the ability to pay bills are at stake, dealing with alimony questions can be stressful for both the spouse in need of financial support and the other facing the obligation to pay. Whatever side of the equation you are on, the divorce lawyers at Plog & Stein, P.C. are here to step in and provide the right legal solution for your needs. They are there to help you understand your rights, the court process, and the strategy that is necessary to go forward with your case. Let us put our over 70 years of combined legal experience to work for you.Guidelines for Alimony and Alimony Modification in Centennial
The key to successfully resolving an alimony case rests with having a firm grasp on both the law and the facts of your specific situation. At Plog & Stein, our attorneys are equally adept at negotiating alimony settlements or taking your case to trial. There is no automatic entitlement to alimony in the state of Colorado. Maintenance can be awarded when one spouse has insufficient financial resources to provide for their reasonable needs, but any award must also consider the financial ability of the prospective payer to pay. For Centennial residents, your divorce and alimony case will likely be heard in the Arapahoe County District Court. Colorado maintenance is generally calculated from advisory guidelines set forth in C.R.S. 14-10-114. If your marriage lasted from 3 years to 20 years and your combined annual income is less than $360,000, an alimony formula and time table will usually be applied. The formula is 40% of the higher earner’s income minus 50% of the lower earner’s income. Factors like property division can affect the net result. Moreover, each case is different and the use of this formula is not mandatory. As such, it’s important that you speak with a dedicated Centennial alimony attorney to truly understand what your options are moving forward.
During the earlier stages of your divorce case, an initial assessment will be made by both sides regarding whether alimony is going to be an issue. Generally, this is done after financial disclosures are made. In some cases, there may be further questions regarding income, the legitimacy of expenses or property which can only be answered through the issuance of formal written discovery, designed to provide more information. The nuances and details that are tied into any alimony analysis, coupled with the discretion the judge has should your case go to hearing, can make alimony a sometimes hotly contested issue for either side.
At Plog & Stein, our Centennial maintenance lawyers know what is fair from a negotiation standpoint and whether it’s more optimal to let the judge decide at trial. We also use our experience to strive for orders which have the detail and structuring needed to help you function down the road. This can include assessments as to whether it makes sense to agree to a contractual, non-modifiable alimony agreement or to keep the court vested with modification jurisdiction should changes be needed later on. Of course, we also help with enforcement of alimony orders, including wage garnishments, judgments, and more.
When the court retains jurisdiction regarding modifying your alimony order, which is the norm, the legal standard for modification is set forth in C.R.S. 14-10-122, which specifically requires a substantial and continuing change in circumstances that makes the original amount “unfair.”
The family law attorneys at Plog & Stein are ready to meet each client’s needs when it comes to effectively planning, strategizing, and resolving your alimony matters.Examine Your Options With a Centennial Alimony Attorney
Finances in a divorce tend to be more complicated than they seem. For a detailed, experienced assessment of your alimony case, call us to set up a time to speak with a member of our team who works with Centennial clients at 303-781-0322 or contact us online.
Plog & Stein also represents clients in Arapahoe, Douglas, and Denver County divorce cases.