Strategically helping Colorado clients through divorce & custody cases

Articles Posted in Maintenance-Alimony

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courtroom-144091__340-224x300By:  Jessica A. Bryant

For many people in the midst of a divorce or custody case, it may be the first time they have ever been to court.  One looming question many people have is what to expect when attending a family law hearing– a large part of which includes what questions they may be asked when testifying.  This series of blog posts will explore potential questions you may face during a hearing on your Colorado family law case, with segments being presented by subject matter.

This Part 1 will focus on what questions may be asked in a hearing on maintenance (spousal support) and/or child support.  Part 2  will focus on what questions may be asked during a hearing on child-related issues (decision-making and/or parenting time).  Part 3 will focus on what questions may be asked during a hearing on issues of property/debt allocation, attorney’s fees, and other miscellaneous questions that may be presented.

For a hearing regarding spousal support and/or child support, one main point of focus will be each party’s income.  Therefore, many of the questions you may face during such a hearing will be on your income.  If you are employed some of the questions may be as follows: Continue reading

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calculator-300x200By:   Stephen J. Plog

In Part 1 of this article, I analyzed the generalities of how bonus and commission income are treated in Colorado child support cases.   To recap, bonus and commission income are specifically enumerated in Colorado Revised Statutes 14-10-115 as income which can be included in a child support calculation.   I also discussed various issues tied into what courts might do when including a person’s bonus or commission income to derive their overall income, which included discussions regarding averaging bonuses and commissions over a sensible term of years to come up with an average.    In this Part 2, I will focus on bonus and commission (hereinafter referred to as “B & C”) income, including potential strategies for negotiating or litigating spousal support cases when these types of incomes apply.

The legal analysis for what would be included as income in a Colorado alimony case, pursuant to C.R.S.14-10-114, is essentially identical to the analysis applied in a child support case.  However, as a Denver alimony attorney for almost two decades, it is my opinion that both parties and courts can be much more creative with alimony (maintenance) orders tied into bonuses and commissions.   Thus, there is more potential for sensible and fluid arrangements regarding spousal support, as opposed to child support orders, which are almost always going to be reflective of strict adherence to the C.R.S. 14-10-115 child support guidelines. Continue reading

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calculator-300x200By: Stephen J. Plog

In the vast majority of Colorado divorce or custody cases I have litigated over the years, child support is an issue to be resolved.   Child support is calculated based on a statutory formula, with the primary variables being the income of each party, the number of children, the number of overnight visits per year for each parent, and lesser items such as monthly health insurance premiums or day care costs.   As one might imagine, people can argue over almost anything, including each of these variables that going into the calculation, but for the number of children.   In most cases, the primary variable being argued over is income.    Aside from arguments regarding someone being unemployed or underemployed and the amount of income that should be attributed to them, battles can arise over forms or types of income.    This includes arguments regarding bonus and commission income which one might earn above and beyond their base salary.   Contrary to common belief, bonuses and commissions are income for calculating child support pursuant to Colorado Revised Statutes 14-10-115. Continue reading

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By: W. Curtis Wiberg

As part of a Denver divorce or custody case, the Court may be asked to make determinations concerning child support and alimony (spousal support). The most significant consideration in these determinations is each party’s income. While it is often easy to just look at the most recent paychecks or W-2 of each party and plug those numbers into the child support and/or maintenance guideline calculations, when one party is not working, not working full-time, or not working at an employment/income level that is consistent with his/her capabilities, the income issue becomes much more interesting and complicated. Experienced attorneys will understand the intricacies that come when determining and proving income of in some cases.

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By: Stephen Plog

In any Denver area divorce case, there are many issues which need to be resolved, whether through settlement or ultimately a contested hearing in front of a judge. Those issues will generally either be related to finances or child custody. Two of the core issues that can arise in any case, depending on the facts and circumstances, are division of property and alimony, properly called “maintenance” under Colorado statute.
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In many Colorado divorce proceedings, the court will determine that one spouse must provide some form of support to another spouse. Often, this is because one spouse put his or her career or education on hold to care for the marital home, or because the income potential of one spouse is significantly higher than the other spouse.

family-with-baby-4-1046983-m.jpgHowever, it is important to know that even when a Colorado family court judge hands down a final order in a divorce proceeding, that order is not necessarily permanent. Almost all orders can be modified under certain circumstances, when required conditions are met. This is also true of spousal support orders.
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photo_1069_20060213.jpg The rumors circulating in the Denver Colorado family law community regarding alimony/maintenance, mentioned by us in early 2013 blog postings, have now become reality. Starting January 1, 2014, Colorado will be following new “maintenance” guidelines as set forth in Colorado’s House Bill 13-1058, which was signed into law this past May. “Maintenance” has also been called alimony in the past and in other jurisdictions. It is money one spouse pays to a former spouse every month for a period after a divorce or formal separation.

In the recent past, in Colorado, courts have tended to disfavor maintenance except where circumstances are especially compelling. This included scenarios such as when a lower-earning spouse needs to attend school or training to be able to support themselves or where a former spouse has a physical condition that impairs his or her ability to work or where one party has to take care of an infant or toddler.
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In February 2013, we published the first segment of this posting regarding potential changes coming to Colorado divorce law and the issue of alimony, more properly termed “maintenance.” The rumors still persist among Denver area family law attorneys, that our alimony statutes will be changing, commencing 2014.

Part 1 of this post discussed changes related to the creating of a guideline table, similar to child support statutes, setting forth a framework for judges to look at related to lengths of time that an alimony award should run and percentage amounts to be received by the payee spouse. The posting also dicussed another potential change coming to the Colorado maintenance statute related to termination or suspension of maintenance based on the recipient co-habitating. In this Part 2 posting, the remaining significant, potential statutory changes to be discussed stemming from House Bill 13-1058 include definitions of income, provisions for the protection of persons not represented by an attorney, and a rebuttable presumption that retirement at “full retirment age” is a good faith basis, or reason, to modify a maintenance award.
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The lawyers at Plog & Stein, P.C, have seen, over the years, various changes to the law related to many aspects of both divorce and custody statute. From time to time, the state legislature, with some input from the bar association (not always listened to), decides to make changes to the existing body of work that encompasses what I will call the family law statutes. This has included simple changes, such as adjusted child support guideline amounts to reflect changes in economic trends, or changes to the timing of the filing of certain pleadings or documents in a court case.

However, from time to time, there are also sweeping, and radical changes which ultimately get enacted into law. Pending before the legislature is a bill, which if passed, stands to radically change the way courts assess maintenance, or alimony, in Colorado divorce cases. Again, at this stage, it is only a proposal. That being said, the rumors among learned and seasoned family law attorneys, and some judges, is that the bill will likely be passed, with the new provisions taking effect for Colorado divorce cases filed after January 1, 2014. The specific bill is House Bill 13-1058, and must still meet both state senate and the Governor’s approval before becoming law. Again, the prevailing rumor right now is that this will happen. The question then becomes how does this affect you, the litigant in a Colorado divorce?
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