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Loren, Lawyer
Category: Family Law
Satisfied Customers: 33015
Experience:  30 plus years of experience.
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I make 8750.00 per month, husband makes 5912.00 per month.

Customer Question

I make 8750.00 per month, husband makes 5912.00 per month. By calculation, he would owe 809 per month in child support. But, would I be ordered to pay him spousal support?
Submitted: 6 years ago.
Category: Family Law
Expert:  Loren replied 6 years ago.
Spousal maintenance may be awarded on a temporary or permanent basis. In determining the level of support to be paid after the dissolution of marriage, the court will take the following factors into consideration when determining the level of support: The duration of the marriage; The standard of living established during the marriage;
The financial resources of the spouse seeking support, including marital property received in the divorce settlement, and the party's ability to meet his or her needs independently; The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and that party's future earning capacity; The age and the physical and emotional condition of the spouse seeking maintenance; and
The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance. It is possible a court would award him maintenance, but not likely given his earning capacity.
Customer: replied 6 years ago.
Yes, I read that EXACT statement on the Colorado State Website... I wanted an atty's opinion of likelyhood that this could occur. I have provide a very nice lifestyle for us, that he could not provide for himself on his own merits... we would have to sell the house. I could afford a nicer house than he after our divorce as I make more money and have a higher earning potential. So... based on experience, how likely would it be that he be granted maintenance?
Expert:  Loren replied 6 years ago.
That statement is the Colorado statute setting the guidelines for spousal maintenance. So, any opinion regarding Colorado spousal maintenance is going to contain that language or something similar. As I said, it is possible he could be awarded temporary maintenance, however, given his earning capacity, it is unlikely that you would be ordered to pay maintenance for any significant period of time.

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