Calculating temporary alimony can be a contentious process.
In Part I of my series about alimony in Colorado (which you can read here), I discussed how alimony (officially called “maintenance”) is awarded as part of temporary orders while a divorce is pending. Specifically, that post dealt with the formula that is presumptively applied when the parties earn a combined annual income of $75,000 or less. In this post, I will continue with the discussion of temporary maintenance (that is, maintenance awarded before the divorce is final) for situations in which the spouses together earn more than $75,000 per year.
When the husband and wife’s combined annual income is greater than $75,000 per year, there is no presumptive formula or guideline for the court to apply. As such, the amount to be awarded is determined on a case-by-case basis. Each case is different, and different judges will calculate temporary alimony differently. Continue reading →
Resolve to make each school year better than the last.
It is that time of year again: teachers are decorating their classrooms, parents are shopping for school supplies, and students are enjoying the last few days of summer vacation. The new school year is about to start. What are you going to do to make this a great year?
Back-to-school season is even more stressful when your child shares two homes. Your child’s education is tough enough already–meeting teachers, tracking homework, signing and filling out permission forms, keeping track of extracurricular activities–without having to deal with the extra chores involved in split custody. Here are a few tips to get your child’s school year off to a good start– Continue reading →
The judge weighs the witness's credibility.
[The following article was originally published on July 22, 2011, and was the most viewed post that month.]
It can be a scary and intimidating experience to testify in court. Most people don’t have to testify in court very often. It is okay to be nervous. Most people are nervous when they testify.
To some extent, testifying in court is uncomfortable because it is unnatural: Witnesses can’t just come into the courtroom, talk directly to the judge or jury, and say whatever they want. Rather, they have to answer questions posed by a lawyer, while the judge and jury listen to the exchange.
If you are being called as a witness it is either because you are a party in the case or one of the attorneys believes you have important information that the judge or jury needs to consider in making a decision. Whenever I am preparing a witness to testify, I give them the following instructions: Continue reading →
It is more likely for your divorce to be uncontested when you know your rights.
When a prospective client calls to discuss a divorce, one of the first questions I ask is whether the case is contested or uncontested. This is especially true when people want to know how much I charge for divorce. Uncontested divorces are much cheaper because there are no issues to be decided by a judge or mediator. Most people hope their divorce will be uncontested, but in reality there are very few truly uncontested divorces.
The Uncontested Divorce. An uncontested divorce is one in which Continue reading →
Posted in Cost, Divorce, Uncontested Divorce
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Tagged agreement, Colorado Springs, contested, divorce, lawyer, negotiation, separation agreement, uncontested, uncontested divorce
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Temporary spousal maintenance is designed to equalize the finances until the divorce is final.
Alimony is a payment of money from one spouse to another for the purpose of financial support or equalization of incomes. In Colorado, alimony is technically called “spousal maintenance.” There are two kinds of spousal maintenance: temporary and permanent. Temporary maintenance is the payment of money from one spouse to the other before the marriage has been dissolved (i.e., before the divorce is final). Permanent maintenance–what most people think of when they hear the term “alimony”–is the payment of money from one former spouse to the other after divorce.
In this article, I will discuss temporary maintenance when the spouses earn a combined annual income of $75,000 or less. In future articles, I will discuss 1) temporary maintenance when combined annual income exceeds $75,000; 2) permanent maintenance; and 3) other aspect of alimony, including modification, termination, and tax treatment. Continue reading →
Posted in Divorce, Money, Spousal Maintenance/Alimony
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Tagged Alimony, amount, Colorado Springs, Divorce Attorney, divorce lawyer, maintenance, spousal maintenance, support, temporary alimony, temporary orders, temporary spousal maintenance
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Divorce is a difficult journey. Have a plan for life after divorce.
Divorce is a difficult journey–don’t let anyone tell you differently. It doesn’t matter whether the divorce is “uncontested” or “simple;” it doesn’t matter how good your lawyer is; it doesn’t matter how free from blame from the breakup of the marriage you perceive yourself to be–divorce is always going to be difficult. Whether you were the spouse who sought the divorce or not.
Sometimes along the journey of divorce, we get caught up in various battles of the day and we lose focus on the ultimate goal. Sometimes it seems the most important thing is the process of ending the marriage: filing for divorce, gathering documents, mediation, preparing for hearings and trial, and getting it over with! At other times, the most important thing is getting out of the painful relationship and away from your spouse as quickly as possible. Others may seek revenge by using the system to punish their spouse for hurtful or abusive behaviors. The most important thing to focus on, however, is the ultimate goal, the finish line: Continue reading →
A very interesting article in the Huffington Post this morning, written by divorce lawyer Beverly Willett, entitled, “Are Stay-At-Home Parents At Financial Risk During Divorce?“ Willett writes,
In practical terms, if the breadwinner leaves, the first risk faced is lack of immediate access to funds. Even if you have a joint bank account, your spouse might decide to open a new one in which to deposit paychecks. Joint stock or savings accounts may require joint approval for withdrawals. This could leave stay-at-home parents hostage for money until they are able to secure a temporary order of support as well as funds with which to defend themselves. For that, they’ll undoubtedly need to hire an attorney and pay a retainer, unless the lawyer is willing to wait.
Indeed, the non-working spouse is at the greatest risk when the divorce was not anticipated. Continue reading →
How will our property be divided upon divorce?
When parties get divorced, all property acquired during the marriage must be divided between them. Property division is one of the most important issues in a marriage dissolution. There are all types of property that have to be distributed, including real estate, automobiles, bank accounts, stocks, bonds, retirement accounts, employment benefits, furniture, recreational vehicles, and personal effects.
Property division is a three step process: Continue reading →
The judge weighs the witness's credibility.
It can be a scary and intimidating experience to testify in court. Most people don’t have to testify in court very often. It is okay to be nervous. Most people are nervous when they testify.
To some extent, testifying in court is uncomfortable because it is unnatural: Witnesses can’t just come into the courtroom, talk directly to the judge or jury, and say whatever they want. Rather, they have to answer questions posed by a lawyer, while the judge and jury listen to the exchange.
If you are being called as a witness it is either because you are a party in the case or one of the attorneys believes you have important information that the judge or jury needs to consider in making a decision. Whenever I am preparing a witness to testify, I give them the following instructions: Continue reading →
It is important to maintain contact with your children during deployment.
Active military duty is hard on families. Too often, marriages are a casualty of war. When our servicemen are deployed for long periods of time, it is not uncommon for husbands and wives to grow apart. Even when marriages survive, relationships with children can suffer.
If you and your spouse are having marital difficulties, and you anticipate separation or divorce, don’t forget the children. Your efforts to maintain contact with your child during duty and deployment will directly affect the amount of parenting time you are granted when the divorce is final. It could even determine whether the other parent is permitted to move out of state with your child. Here are a few suggestions: Continue reading →
