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stevexo, Family Law Attorney
Category: Family Law
Satisfied Customers: 1000
Experience:  30 years helping those with Family legal needs
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I have a contractual spousal maintenance that I am ordered

Resolved Question:

I have a contractual spousal maintenance that I am ordered to pay my ex. He has several recent arrests that could land him in jail for up to 10 years. If he goes to jail, can I file for a modification to the maintenance since he will no longer need the same amount of money for living expenses? The divorce occurred in Colorado. Is there even a chance?
Submitted: 5 years ago.
Category: Family Law
Expert:  stevexo replied 5 years ago.
Glad to be of service. This would certainty be a substantial change in circumstances that would enable you to file a motion to modify. You should file it in Colorado, and I feel as though your chances of winning are super. If I had to be the Attorney on one side or the other, I would much prefer to be on yours, as you have the better case to argue. I really do not see how you could loose, as there are very few ways, if any, to be expending money, or having much of a need for it, while in prison. Sincerely, Steve
Customer: replied 5 years ago.

Even for a contractual divorce decree? I was under the impression that contractual means it can not be changed expect in the event of a remarry or death. Have you ever encountered this situation?

Expert:  stevexo replied 5 years ago.
No I have not encountered it, but I understand it. Statutory maintenance is the type awarded by the court, this is always modifiable. Now you have never told me in the original post nor in the last one that there is any provision in the agreement that states it cannot be modified. Thus if this is contractual maintenance which is an agreement by the parties, this type of document can be non modifiable. But it is not modifiable by operation of law, it must be clearly stated in the document that it cannot be modified. BotXXXXX XXXXXne, if your document is contractual and there is no provision that states it cannot be modified, than it can be if there is a substantial change in circumstances. If there is a provision that states it cannot be modified the courts will enforce that. Sincerely, Steve
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