Denver, Colorado Maintenance Attorney Ensures Your Interests Are Protected
Colorado law uses the term “maintenance” instead of alimony or spousal support. Whether a spouse is entitled to an award of maintenance under Colorado law is a complex legal issue requiring consideration of a number of different factors. You should consult an attorney who practices in this area to get an idea of whether you might receive an award of maintenance or be required to pay maintenance. Spousal support attorney Karl J. Geil has over 38 years of experience that provide him with a seasoned familiarity with Colorado maintenance law.
Maintenance is one of the most frequently fought-over issues in divorce, and while Colorado courts and lawyers strive to split marital assets equitably, equitable does not necessarily mean equal. The purpose of maintenance is not to ensure that a couple’s income is equalized, but is to provide financial assistance to a spouse who is unable to support him or herself. I always strive to reach a fair and just agreement between my client and the opposing party.
For cases filed on or after January 1, 2014, there is a statutory guideline to which courts are required to refer in determining both the amount of, and the duration of, maintenance. This guideline is not a conclusive presumption, and an experienced attorney can help you attempt to persuade a court to deviate from the suggested amount and/or duration.
For new maintenance/alimony orders entered after December 31, 2018, changes to federal tax law have changed the way maintenance will be treated for income tax purposes. For those orders, maintenance will not be deductible from the payor’s income and will not be considered as taxable income to the recipient. Modifications of older maintenance orders will still be deductible by the payor and considered taxable income to the recipient unless the parties agree otherwise.
Experienced in negotiating and litigating maintenance agreements
Colorado judges carefully appraise a couple’s length of marriage, their standard of living during the marriage, the relative income of each individual and the needs of each spouse when determining whether or not maintenance should be granted, how much should be awarded and for how long it should continue. I can help you convince the court that you need support and thus increase the chance that maintenance will be awarded. Alternatively, I can work to convince the judge that your ex-spouse does not need spousal support, or needs less than he or she asked for.
In Colorado, there are several different types of alimony agreements:
• Temporary maintenance provides support during the divorce action, which may include attorney fees and relevant litigation costs.
• Permanent, rehabilitative maintenance helps a dependent spouse become self-reliant and may end when an ex-spouse has found a job or has completed his or her education.
• Permanent, reimbursement maintenance is awarded to the spouse who worked to support the family while the other spouse pursued professional training or career development. This type of maintenance agreement may end or the amount paid may decrease once the spouse has been compensated.
• Permanent, modifiable maintenance is given to a spouse who is seriously ill or who has demonstrated economic need. This agreement can be modified due to changing financial needs or other circumstances.
• Permanent, contractual, non-modifiable maintenance is only given by agreement between the spouses. The amount paid, the date or other event of termination and any other provision in the agreement cannot be changed by the court at a later date.
Working for your peace of mind
I represent clients who are seeking maintenance as well as those who would be required to pay it. My clients are often concerned about whether they are required to pay maintenance if their circumstances change. Others come to me if they are not receiving the maintenance payments specified by the agreement. I can help you present evidence to the court as to why the amount you pay should be decreased or request that the court properly enforce the maintenance agreement.
Contact an assertive Denver maintenance attorney
Call Karl J. Geil, P.C. at 303-295-6261 or contact me online to schedule your free initial consultation.