Unlike child support, Colorado currently has no guidelines for maintenance where the annual gross combined income of the parties is over $75,000.00. This means if your family earns more than the $75,000.00 cap, then it is left to the discretion of the Judge as to what the maintenance award will be.
However, due HB-13-1058, this may not be the case for much longer. Instead of the award being up to the Judge, HB-13-1058 provides a process for determining the maintenance award amount and term. The highlights of the bill include the following:
- The bill would apply to marriages of over three years where their annual gross combined income is under $240,000.00;
- The bill would still require a showing that maintenance is needed by the requesting party;
- Unlike child support, the statute would simply provide a ‘guideline’ and not a ‘rebuttable presumption’ for the amount and/or term of the award;
Currently, this bill is being actively opposed by the Colorado Bar Association and the Family Law Section of the Colorado Bar. If ratified, this bill could significantly impact the financial implications of getting divorced in Coloraodo. Contact Jones Law Firm, PC for more information about how our Denver divorce attorney could help protect your interests if you face a legal question regarding maintenance.