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Family Law Answers, Family Law Attorney
Category: Family Law
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Experience:  more than 16 years experience as an attorney - current family law litigation + mediation practice
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My ex is requesting a modification of maintenance and a status

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My ex is requesting a modification of maintenance and a status conference has been set. Neither of us have a lawyer. We share custody 50/50 and we deviated from Child Support and went to strictly maintenance. He is asking for modification since my 18 year old moved out of my house last November and stayed with him until he went to college in August. What should I expect at the status conference and does he have a leg to stand on since he is paying maintenance and not child support even with our son moving in to his home for seven months?
Submitted: 8 years ago.
Category: Family Law
Expert:  Family Law Answers replied 8 years ago.

Hi and thanks for your question.


First, a status conference is exactly what it's called, a chance for each of you to present to the court what the current status of the pending motions is.


Second, Colorado law recognizes that child support and maintenance obligations are two separate obligations.


In order for your ex to receive a modification of his maintenance obligation, there needs to be a showing that there has been a substantial change in circumstances to make the maintenance order unfair. It sounds like your ex has lost his opportunity to make the best argument, which would be that a substantial change in circumstances occurred when your 18 yo moved in w/ him - that argument is now lost bc your 18 yo has now gone to college (I'm assuming your child lives on campus and not w/ our ex).


You will have a strong argument against your ex's motion so long as he cannot show the court that there has been a substantial change in circumstances that makes the order now unfair to him.


I hope this answers your question; if I did answer your question, please click the green Accept button. Thanks very much and best of luck with this.

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