Can I Modify The Amount Of My Maintenance Payment?

The term of a maintenance award is based on the length of time the parties were married. For long-term marriages, this can result in maintenance being awarded for a significant period of time. Unlike child support, which contemplates that the parties will exchange financial information yearly and adjust as needed, maintenance awards are more difficult to have changed. This article discusses the requirements to modify maintenance.

If the parties agree to a maintenance amount at the time of their divorce, their agreement can include a provision that the maintenance payment cannot be modified in the future. The agreement can also specify circumstances when maintenance will be eliminated or reduced (for example, if the spouse receiving payments remarries or move in with another individual).

If there is no agreement barring modification of maintenance, the party who seeks the modification must prove that there has been a change in circumstances that is both substantial and continuing. This is a heavy burden, and is intended to discourage parties from seeking to modify maintenance.

The determination of what is substantial and continuing depends on the fact of each case. Colorado courts have found that a severe injury, which limits a person’s employability, as well as retirement, qualify as both substantial and continuing. Generally, the fact that one party is making more income than expected is not sufficient, although this is subject to argument.

Maintenance can only be modified for payments that come due after the date a motion to modify is filed. As a result, you should file sooner rather than later if you believe a modification is warranted.

Do you want to modify your maintenance payments to your ex-spouse? Is your ex-spouse threatening to file a motion to modify maintenance? Contact Katelyn to discuss the unique facts of your case.