Even simple Colorado divorce cases can involve alimony, statutorily called “maintenance,” as one of the issues to be resolved. Depending on various circumstances, you could end up needing maintenance or having to pay maintenance to your former spouse. You need an Englewood alimony attorney who can look at the larger picture of your divorce, everything from property division to child custody, to develop a strategy that ensures your financial well-being far into the future. The lawyers at Plog & Stein, P.C. have the know-how and experience to do the kind of big picture analysis required in alimony cases, whether simple or complex. Whether you’re dealing with spousal support in a divorce, or perhaps a post-decree modification, we can help.How Alimony is Determined in Colorado
Alimony orders are entered pursuant to C.R.S. 14-10-114 and are specifically designed to help one spouse meet his or her reasonable financial needs, both during and after the divorce. In Colorado, there is no automatic entitlement to alimony. Rather, there are statutory guidelines the courts follow to determine whether either party is entitled to alimony, how much spousal support should be paid on a monthly basis, and for what duration it needs to be paid.
Though statute enumerates multiple factors a court should look at when determining what spousal maintenance might be, the most import of those is the parties’ incomes. Statute also indicates what counts as income for maintenance purposes and in some cases, there may be multiple income sources, including from self-employment, investments, or other sources beyond one’s regular job. Understanding the legal arguments tied into each party’s income matters not only for court purposes, but also for settlement.
One of the first steps in a divorce is the financial disclosure process by which you and your spouse must submit documentation showing your income, property, debt load, and monthly expenses. As part of statutory threshold one must meet to be entitled to alimony, expenses tied into financial need must be proven. Though income may be the most significant factor, an income disparity may not matter when the potential recipient cannot show a need for support from the other spouse.
When dealing with alimony cases, our attorneys also recognize the importance of making sure orders are detailed tied into how and when payments are made. Additionally, some orders need heightened attention and creativity, such as in cases in which bonuses or commissions arise, but are not regular. Whether your case is simple or complex, we will be there to properly advise you and to fight for you both in and out of the courtroom.
If you and your spouse’s combined adjusted gross income is less than $360,000 per year, your case will likely include use of a statutory formula for calculating maintenance. The C.R.S. 14-10-114 formula requires deducting 50% of the lower earner’s gross monthly income from 50% of the higher earner’s gross monthly income. This formula is not mandatory and courts still maintain the ultimate discretion for determining maintenance.
In addition to dealing with the establishment of maintenance during your divorce, our attorneys can also help with litigation tied into motions to modify pursuant to C.R.S. 14-10-122. We also handle all aspects of enforcing maintenance awards, including judgments, collections, statutory interest, wage garnishments, and contempt of court.Family Law Attorneys Safeguarding Your Alimony Rights in Englewood
Let the highly qualified alimony attorneys at Plog & Stein, P.C. put your mind at ease. With over 70 years of combined legal experience, we’ve seen virtually every alimony situation you might face. When the time comes to deal with divorce or a modification of your existing orders, you need someone who will have your best interests in mind throughout the process. Call us at 303-781-0322 or contact us online to schedule an appointment with our family law team.