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2019 Changes to Spousal Maintenance Law

For decades, spousal maintenance (alimony) has been tax deductible for the paying spouse and counted as taxable income for the receiving spouse, but as of January 1, 2019, sweeping changes in the law took effect. Effective January 1, 2019, spousal maintenance in Colorado and all 50 states will no longer be tax deductible for the paying spouse, nor will the recipient spouse be taxed on it. Prior to January 1, 2019, the money paid to a former spouse under …

My Spouse Cheated, Can I Ask for Spousal Maintenance?

If your spouse cheated on you, you may be wondering if adultery will have any impact on your ability to seek alimony, or “spousal maintenance” as it is referred to in Colorado. Spousal maintenance is money that one spouse pays to the other spouse during and after a divorce. Alimony is meant to ensure that both spouses are able to maintain a similar standard of living as they enjoyed during the marriage. Colorado lawmakers are well-aware …

Colorado Legislature Currently Considering New Maintenance Guidelines for January 2014

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 …

Demi Moore Requests Spousal Maintenance and Attorney Fees from Ashton Kutcher

Starlet Demi Moore responded to Ashton Kutcher’s Petition for divorce requesting spousal support and attorney fees from Kutcher. Allegedly Moore is extremely hurt after Kutcher’s infidelities and now she is seeking to make him pay. Moore’s request is surprising as reportedly she is worth 150 million, while Kutcher is worth 140 million. While clearly Moore can afford to support herself, and pay her attorney, many speculate that she has requested support and fees as leverage to negotiate …

Calculating Support When One Parent Has No Income

First know that both parents are legally responsible for supporting the kiddos—not just the parent who pays support. With a few exceptions, if one parent does not have income, the Court will impute full time income to that parent before calculating maintenance or support. In other words, we will assign income to that parent before calculating support and assume they earn at a full time rate based on theirpotential for earning income. How much will the Court impute? Your …

Can Spousal Support Be Discharged In Bankruptcy?

People often ask whether or not spousal maintenance (also known as alimony or spousal support) can be discharged in a bankruptcy. The usual answer is NO. However the bankruptcy code offers limited exceptions to the discharge-ability of spousal maintenance. In situations when the court orders that a debt payment by one spouse is to be “treated like alimony” it can be discharged. For example, if Bob is ordered to pay the Visa debt of $100.000 per month and this …

What Is Alimony?

Alimony or spousal maintenance is the monetary support received by one spouse from the other on a periodic basis either during or after the divorce, or both. It works as a balancing factor as the spouses transition from having a shared income to individual incomes. The court considers factors such as living condition while married, individual income, and needs to decide on the imposition or denial of granting alimony. Under the Colorado Divorce law, you may receive …

Modifications of Divorce in Colorado

Let’s say your divorce has been final now for a year but you really need to modify the decree. Is this possible? When you went to court for your divorce, the judge created the orders based on the facts at the time of the divorce. If these facts change, then it is possible to ask for the orders to be modified because of these new conditions. It is possible for the two parties to come …

Modifying Maintenance or Child Support – The Effective Date

If maintenance or child support is modified by the court, the modification should be effective as of the date of the filing of the motion, unless the court finds that it would cause undue hardship or substantial injustice or unless there has been a mutually agreed upon change of physical custody of the child. In no instance shall the order be retroactively modified prior to the date of filing, unless there has been a mutually agreed upon change of physical custody. The …

Termination of Maintenance: Death or Remarriage

Unless otherwise agreed in writing or expressly provided in the divorce decree, the obligation to pay future maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance. Child support, on the other hand, may still be owed after the paying parent dies. Unless otherwise agreed in writing or expressly provided in the court orders, provisions for the support of a child are not terminated by the death of a parent obligated …

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