Legal Question in Family Law in Colorado
Change in spousal maintaniance
My ex has quit his $140,000 job and become a consultant. He now wants to give me 40% of what ever he brings in per month, the same porportion that the court settlement was.
My payments are less than half of what I was recieving and he says some months will be much more, some months may be no money. I did get him to agree to a minimum payment of $1200 (vs the 2300 monthly previous to job change)I have recieved 1200 for 4 months now and am going into debt. The original agreement was to end six months after I completed my college degre which is May of 2006. Will I ever be able to get what the original total would have been? Or can I force him to keep to the original agreement of monthly payments? Which will force him to go into his savings and retirement. Right now he expects me to go into mine...
Thank you,
1 Answer from Attorneys
Re: Change in spousal maintaniance
Generally, modifications of support orders must be in writing and adopted formally by the court. He will probably argue that you waived the court order by accepting his modified amount. Your response is that you merely accommodated his situation. Although you have provided only certain facts, you should seek enforcement of the original amount and have him pay all deficiencies. Note that he cannot unilaterally change his income earning ability. He should have sought a formal reduction. I strongly suggest that you contact this office to discuss this matter in further detail.
George Robertie
George F. Robertie, Esq.
THE HARRIS LAW FIRM, P.C.
1125 17th Street, Suite 1820
Denver, CO 80202
(303) 299-9484
www.HarrisFamilyLaw.com
www.ColoradoDivorceInfo.com
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