New Maintenance Law- Don't Forget the Limiting Factor by Dennis H. Babiniec

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The new Colorado spousal maintenance statute C.R.S. 14-10-114 went into effect for cases filed for the initial establishment of spousal maintenance on or after January 1, 2014.  For cases where the presumptive maintenance formula applies (see C.R.S. 14-10-114 (3)(b)), there is a limitation provision to the formula contained in C.R.S. 14-10-114 (3)(b)(I).  It reads: "The amount of maintenance under the guidelines is equal to forty percent of the higher income party's adjusted gross income less fifty percent of the lower income party's monthly adjusted gross income; except that, when added to the gross income of the recipient, shall not result in the recipient receiving in excess of forty percent of the parties' combined monthly adjusted gross income."  

The practical effect of the language "except that, when added to the gross income of the recipient, shall not result in the recipient receiving in excess of forty percent of the parties' combined monthly adjusted gross income" is to mathematically avoid maintenance when the gap between the parties' income is less.  This is not readily apparent in the wording, but I have seen the effect from actual case experience.  So whether you are seeking spousal maintenance or are faced with a request for spousal maintenance, do not overlook the limiting factor.  

The topic of the new maintenance statute is very complex and this article is not intended to give advice for any specific situation.  If you are interested in finding out how the maintenance statute impacts your situation, please call me at (303) 451-9110 for a free intial consultation.

Dennis Babiniec
attorney at law
10701 Melody Dr., Ste. 350
Northglenn, CO 80234
(303) 451-9110
posted: November 14, 2014 - Dennis Babiniec - Divorce Lawyer - Blog

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