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YOU KNOW YOU NEED A LAYWER IF: YOUR MAINTENANCE ORDER IS ABOUT TO END
you know you need a lawyer if: your maintenance order is about to end

Not so long ago, spousal maintenance – what we used to call alimony – could be ordered by the Court on a permanent basis.  A spouse could receive maintenance for the rest of the payor’s life unless the receiving spouse remarried.  In Colorado, lifetime maintenance is no longer ordered by the Court unless both parties agreed that it is appropriate.

Now, the Court orders maintenance for spouses with a start date and an end date.  Those dates are determined by the length of the marriage as well as the Court’s findings on the parties’ earning abilities. If your end date is approaching and you have children, you should speak with a family lawyer.

Because child support is determined by income, and income includes maintenance, you’re at risk of losing out on child support that you deserve when maintenance expires.  The child support calculations subtract any maintenance paid as a reduction in income, and any maintenance received as an addition to income.

It’s easy for your lawyer to run some scenarios based on your income after maintenance ends to help you determine whether you should seek a modification of child support to properly reflect both parties’ incomes after the maintenance period has ended.  You’ll want to have these numbers in mind before maintenance ends so that if a motion to modify is necessary, you won’t lose out on the child support you are entitled to.

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