Q: I recently took a very large pay reduction due to markets. It is possible to reduce my Maintenance and Child support?
I would like to do this without making any other changes to the divorce agreement (i.e. length of terms). I am worried that changing one thing in the settlement will open other areas for negotiation.
A: It is possible that changing the amount may lead to other changes in maintenance or child support It should not lead to any changes in custody or property division. you should get a lawyer to help you with this.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Colorado
- (719) 344-5523
- View Profile
- Answered
A: I am sorry to hear about the income impact. Child support is always modifiable based on substantial and continuing income changes. Maintenance is as well unless the parties have made it nonmodifiable. The key is that the change has to be substantial and continuing. For child support, substantial is defined as a plus or minus 10% change in the support amount. Market volatility may or may not be something that is continuing. You should consult with an attorney to review the income that your last award was based on and evaluate the income change.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
