Individuals often want to know if it is possible to modify the original agreement or Court order for maintenance?
Maintenance can be modifiable or non-modifiable depending on the wording of the original divorce documents. The parties can agree that Maintenance is non-modifiable by stating it clearly in the final divorce documents.
If there is no wording in the final divorce documents that makes maintenance non-modifiable then it is possible to modify it under certain circumstances. On a Motion to Modify Maintenance, the Court must find a “substantial and continuing” change in circumstances, which renders the original amount unfair.
Any change in circumstance will not suffice; rather, the Court must determine that the new circumstances make the current maintenance unconscionable for the party paying it.
As with the original determination of maintenance by the Court, the standard is rather subjective and smart advocacy by your attorney along with convincing facts is required to convince the court that a change is warranted. Knowing the tendency of the family law court judges is also an important part of developing the right strategy for a Modification of Maintenance.
The longer you wait to speak with a Colorado family law attorney the higher your chances are of inadvertently giving up your legal rights.