Modification Of Maintenance Awards

The Marriage Zone: Modification of Maintenance Awards
By Christopher C. Meyer
© March 2008



After a few years have passed from the time of an original maintenance (alimony) award, questions often come up about whether the maintenance award can be modified. Modifying a maintenance award is not a simple matter. An important thing to keep in mind is that judgments, including divorce decrees and maintenance awards, are intended to be final and to provide a firm basis for the parties to be able to plan and predict their future activities. Courts don’t modify judgments unless there is an extremely good reason to do so.

Colorado statutes provide that a maintenance award can be modified if there are changed circumstances so substantial and continuing as to make the original terms of the award unfair. Please note that there are four basic requirements: changed circumstances; substantial change in circumstances; continuing change in circumstances; and the change must make the original terms unfair. A brief examination of each requirement can be helpful.

The requirement of a change from the circumstances existing at the time of the original award is often overlooked. The critical question is what is different now than it was at the time of the original award? If the only change is the passage of time, this not a change in circumstances that will provide a basis for modification. For example, an original award for maintenance is for three years. Three years have now passed and the ex-spouse receiving the maintenance can no longer afford to live in her house without continuing to receive the maintenance. There is no change in circumstances in this scenario and the maintenance award will not be modified.

Is there a substantial change in circumstances? Courts don’t care about minor changes in circumstances. What constitutes a “substantial change” cannot be precisely defined. However, the bigger the change in circumstances, the more likely the court will grant a modification.

Is there a continuing change in circumstances? If the change in circumstances is temporary, it won’t qualify. For example, if you work for commissions and business has been slow, the court may assume that your commissions will return to their average level and not grant you any relief.

Does the change in circumstances make the original terms of the maintenance award unfair? You can have a significant change in numbers that does not make the original terms of the maintenance award unfair. However, for example, if you become physically disabled and can now only work at a job that pays you half as much as you were getting at the time of the award, a court might think that this change in circumstances rendered the terms of the original award unfair.

Good luck with your maintenance modification, but give it some hard thought before you file, or you could be wasting your time. Also keep in mind that filing for a maintenance modification can be like poking a hornets’ nest with a stick. You may get a lot more excitement then you anticipated.

This article is for informational purposes only and does not constitute legal advice about your case.

Chris Meyer is an attorney practicing family law in Monument. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.