For clients in Frisco and Eagle County, Colorado, you won’t find a more professional and caring spousal support attorney. Our family law attorney listens to the client and follows all current Colorado laws.
For instance, as of January 1, 2014, a new maintenance statute went into effect. This law imposes presumptive awards of maintenance, helping guide the Court in making its determination. This starts with a temporary maintenance formula of 40 percent of the higher income, minus 50 percent of the lower income.
Here’s an example from our spousal support lawyer. Say a husband and wife earn $4,000 and $2,000 in monthly income, respectively, Using the 40 percent formula that equates to $1,600 for the husband and $1,000 for the wife. Therefore, the husband in this scenario would pay the wife the difference of $600 in maintenance per month.
This law also imposes presumptive limits as to the duration an ex-spouse can receive maintenance based on the length of the marriage. If married less than three years, the Court likely won’t award maintenance. However, if the Court does award support, it’s broken down as follows:
- 3 years of marriage – 11 months
- 10 years of marriage – 54 months
- 15 years of marriage – 90 months
- 20 years of marriage – 120 months
Following “periodic maintenance,” “rehabilitative maintenance,” or some other form of temporary maintenance laws, the Court may award support to a stay at home spouse. That gives the party time to acquire the education or job skills necessary to re-enter the workforce and have the financial means to live a self-supported life.
Our spousal support lawyer gathers pertinent information. The Court then consider several factors in rendering a decision. Some of these include:
Both parties’ financial resources such as actual or potential income from separate or marital property or any other source, and the parties’ ability to meet financial obligations independently.
Number of years married.
Both parties’ income, employment, and employability through reasonable due diligence and additional training/education.
Age and health of both parties, including significant healthcare needs or uninsured/unreimbursed medical expenses.
Distribution of marital assets and property.
Both parties’ circumstances at the time of permanent orders.
Lifestyle during the marriage.
Significant economic or noneconomic contribution to the marriage or to the economic education or occupational advancement of a party.
Both parties’ historical income, as well as the duration and consistency of income from overtime/ secondary employment.
Amount and duration of temporary maintenance paid to the recipient spouse.
Other factors deemed appropriate by the Court.