Legal Question in Family Law in Colorado
Maintenance
Do I have to pay maintenance when no court order exists?
Married 10 months; 1 child, pay $500/month child support.
When it does go to court, will they back-date maintenance like they do child support? Child support is currently voluntary; there are no temporary orders or any orders at all filed with the court. She is 24; has worked on and off and went to nursing school part-time.
1 Answer from Attorneys
Re: Maintenance
As long as there is no court order, you are not legally obligated to pay maintenance. However, voluntary payments are always looked upon favorably, particularly with respect to child support. Additionally, a court cannot grant "back-dated" maintenance if no maintenance order is in effect.
Although I don't know the details of your case, based on a 10 month marriage, it is likely a court may not award maintenance. While there are a number of factors that go into the decision as to whether to award maintenance, the court does take into account the length of the marriage.
Hope this helps!
Christine C. Nierenz, Esq.
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