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Home Family Law Blog Alimony Modification in Colorado Springs

Alimony Modification in Colorado Springs

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Tuesday, 25 May 2010 10:36

Though a divorce is final, there are many judgments that go along with it. Spousal support or alimony, child support and property division can be part of it and all of them are liable to modification or termination. However, there are specific circumstances in which each can be changed and it's important to know them before going ahead with a petition. Alimony modification is one of the most common petitions in the Colorado Springs area and we take a look at some of the intricacies below.


Keep in mind that due to the complexities of the law regarding modification, it's essential to hire a Colorado Springs Divorce lawyer who can advise you and guide you through the paperwork as well as present your case in court. Without one, it's most unlikely that you'll succeed as your ex spouse will certainly have one and that will put you at a tremendous disadvantage.

Alimony Modification

Alimony modification conditions

The conditions for an alimony to be modified are twofold. First, there must be a change in circumstances that is so substantial that the existing alimony suddenly becomes grossly unfair. The second condition is that the change must be permanent or continuing. One very important facet of a petition for alimony modification is that any changes are applicable only for payment installments accruing after the petition has been filed. This means that once a payment has been made, nothing can change the fact that it has been paid even after the alimony has been successfully modified.

Also, in most cases the alimony payments come to an end if either party dies. The only way this can be prevented is if the converse is mentioned in the decree or if it's agreed in writing beforehand. Different rules apply to modification of child support which will be discuessed in another blog post.

Engaging a Colorado Springs Divorce Laywer

Most petitions regarding alimony modification are contested. Meaning that the other party resists the changes and are prepared to fight it out in court. In which case, it's crucial for you to have an experienced lawyer who will be able to place your concerns before the court in a cogent and lucid manner. Without one, your case isn't likely to stand up to scrutiny in a court of law - especially when the other party has an attorney determined to hamper it. Our Clawson & Clawson attorneys know how to handle these cases and will be able to provide you with a proper case and present it in a way that will ensure the protection of your rights. Contact us for a free initial consultation.

 

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Matthew Clawson

Matthew Clawson is an attorney in Colorado Springs, CO and a partner with the Clawson & Clawson Law Firm, LLP.  Matthew believes the most effective and cost-efficient legal services are provided by attorneys who maintain their integrity and communicate honestly with clients.

http://www.clawsonlawfirm.com