The Rocky Mountain Family Lawyers are Denver’s award-winning family law trial advocates. We’re experts in maintenance modification cases in Denver and other cities throughout Colorado.
Call us today to talk personally with a lawyer about with your Denver maintenance modification issues. (303) 502-9600.
When Can Maintenance Be Modified?
Maintenance can generally modified whenever the moving party shows changed circumstances so substantial and continuing as to make the original maintenance terms unfair.
Any new orders as to maintenance will be effective only as to installments accruing subsequent to the filing of the motion for modification unless it would cause undue hardship or substantial injustice.
Non-Modifiable Maintenance Agreements
If the parties previously agreed pursuant to a divorce that maintenance cannot be modified, the Court must abide by that agreement. Certain formalities must be followed to make such an agreement enforceable. By contrast, the court has the power to set aside agreements to partially or completely waive maintenance if the parties did so in a premarital or marital agreement to, to the extent that the agreement is unconscionable at the time of the divorce.
What is a Substantial and Continuing Change in Circumstances?
A Colorado divorce court will look at the totality of circumstances to determine whether there has been a substantial and continuing change of circumstances. The change must be both substantial and continuing. Changes such as the loss of a job, a demotion or a downturn in business are not generally considered “substantial.” Likewise, temporary financial or medical issues that are not long-lasting or permanent are not valid grounds to modify maintenance. Long-term disability is generally assumed to be “continuing.”
Talk to a Denver Maintenance Modification Attorney
Whether maintenance can be modified is determined on a case-by-case basis. A Colorado maintenance attorney can advise you as to whether your particular circumstances might entitle you to a modification of maintenance.
The Rocky Mountain Family Lawyers are Colorado MAINTENANCE MODIFICATION experts. Call us now to discuss your legal options and rights concerning the modification of maintenance in Denver, Colorado and surrounding cities (303) 502-9600.