Modify a non-modifiable alimony order?

My finance was separated in 2009 and divorced Aug. 2011. He lost his job in Nov. 2013 and has not been able to get one and we just found out his ex wife got remarried last week. She lives in Virginia, he has been here in Colorado since 2009. Although his alimony is non-modifiable and he pays $3500.00 a month, does he have any rights to have it adjusted or cancelled? It has become a hardship over the last 2 years. Any help would be great. Thank you.

Unfortunately, there is nothing your fiancee can do. A non-modifiable order is just that....non-modifiable... no matter what happens.

Paying Maintenance While Unemployed in Colorado

I live in Colorado and have recently become unemployed. Do I need to pay maintenance to my ex-wife while I’m unemployed?

It depends on what kind of maintenance you are paying. If you are paying "contractual, non-modifiable maintenance", you cannot modify the maintenance amount for any reason.

If you are not paying "contractual, non-modifiable maintenance", you can modify your maintenance both in amount and duration.

Length of Alimony (Maintenance) Payments

Will I have to pay my wife maintenance (alimony) if we divorce, and for how long?

Maintenance, formerly called alimony is a minefield and is an area where nice guys can finish last. Maintenance is based on an ex-wife's needs vs. the ex husband's ability to pay. The law states that she has a right to be supported in the life style to which she had become accustomed.

Financial Dependence During Separation

2 questions please;; my husband and i been married over 1 yr,now i left my home and everything when i relocated to his state; now we are going to separate;; i have no home in my state just family how can i get the courts to have him pay for my lost and to support me until i can on my own.(2) if he claimed me on his income taxes do i get any part of this money that he is getting? thank you;; really lost everything what can i do ?

Your question can’t be answered in a vacuum. You need to meet with an attorney and discuss all of the facts in your case. Each case is fact specific and I can’t give you a general answer.

Rights to Maintenance

Is my wife automatically entitled to maintenance?

No, your wife is not automatically entitled to maintenance. The Court considers the earning ability of both parties, the standard of living enjoyed during the marriage, the length of the marriage, and whether or not your spouse can support herself without continuing assistance from you.

Formula for Calculating Maintenance

I heard that there is a formula for maintenance?

No, there is no formula for maintenance. The Court considers each case individually. However, if your combined gross incomes are $75,000 or less, there is a presumption that your spouse is entitled to maintenance on a temporary basis.

Duration of Maintenance

How long would I have to pay my wife maintenance?

Each case is considered separately. However, permanent maintenance (Lifetime) is a rare occurrence but happens in some cases if the spouse is disabled, or for some valid reason is unable to support herself. If rehabilitative maintenance is awarded, it is usually for a short period of time usually to give the wife the time and education necessary to be able to support herself.

Is Maintenance Affected by Upfront Payment?

If my spouse is awarded a decent portion of the cash in the divorce (say $60,000) would that be taken into consideration when/if maintenance is requested? Can’t that cash be used to help my spouse support themselves during the transition?

Good question. Yes, the cash payment would be considered if your spouse requests maintenance. However, if the cash is in the nature of a property settlement rather than maintenance per se, it is NOT used to offset an award of maintenance. If your spouse requests permanent maintenance,the court will consider several factors including the amount of property awarded to her, the length of your marriage, the earning ability of both you and your spouse, whether or not you have children under the age of 30 months, the standard of living enjoyed during the marriage, whether or not your spouse can support herself without your assistance, whether or not your spouse worked during the marriage, your ages, and your ability to pay.

Paying an Ex’s Bills

Will I get stuck paying all of her bills?

If the bills were incurred for the benefit of the marital estate, such as living expenses, home improvements, family vacations or expenses for the kids, the bills will be considered marital and you will have to split those bills with her. If she incurred bills solely for her benefit such as expensive jewelry, cosmetic surgery, or other frivolous items, the Court MAY not require that you pay for them.

Court’s Evaluation of Finances

What does the court value the salary of a homemaker? For example if I make $100K a year what do they value her salary at for the distribution? Is it like if they value it at $40K (just for example) then 4/14 (40K/140K combined) is what her portion would be of any equity, etc.? Thanx!

The court does not place a dollar value on a homemaker’s salary. I’m not sure what you are asking but if you are inquiring about a property division, the court takes into consideration several factors such as length of the marriage, ability to support oneself once the marriage is dissolved, contribution to the assets by both spouses, etc.

Modifying Maintenance

If my Divorce papers say I have to pay maintenance for 10 years and i cannot not go back to court and change it, Is it possible to change it? thanks rick

If your maintenance is contractual nonmodifiable, then you cannot change it. If it is modifiable, you can change it if your circumstances have changed.

Effects of Living with Another on Maintenance

My wife left me 9 months ago to live with her boyfriend. Will her living with someone else affect the amount of maintenance I will have to pay her in the event of a divorce. Also, is there any advantage of waiting? Is the maintenance amount affect by the amount of time she has lived with her boyfriend?

The amount of maintenance will be affected by the contribution made by the boyfriend to your wife’s living expenses. He will be viewed as a roommate. Without knowing the specific facts of your case, I don’t know whether or not there is an advantage to waiting to file for divorce. No, the maintenance amount is not affected by the amount of time your wife has lived with her boyfriend.

Affair’s Effect on Finances and Maintenance

my soon to be ex has spent thousands for 2 yrs. on his mistress and has now hired her in our own business without my knowledge. we are in the midst of separation and divorce. can any money he’s spent on her be reimbursed or used in maintenance? also is there a precedent for suing the mistress for breaking up a marriage?

Unless your husband has incurred debt to support his mistress which he can be obligated to pay, any money that he has spent is gone. There is no precedent for suing a mistress for breaking up a marriage. This is a no fault state. In other words, the Court doesn’t care why your marriage is ending, and who did what to whom. It is simply about kids, money and property.

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