Possibly. If
the parties' separation agreement provides for contractual maintenance (formerly known as alimony), which
is typical, they likely have agreed maintenance may not be modified later. If there is no such agreement, for example if
maintenance was resolved by the judge issuing permanent orders, CRS 14-10-122(1)(a) applies and states in
relevant part:
maintenance may be
modified only as to installments accruing subsequent to the motion for
modification and only upon a showing of changed circumstances so substantial
and continuing as to make the terms unfair, ... The provisions as to property disposition
may not be revoked or modified unless the court finds the existence of
conditions that justify the reopening of a judgment.
Modification of maintenance must be based upon the
parties' needs and circumstances at the time
rather than speculation about future conditions. The trial court is without authority to
modify a decree unless the threshold requirements of changed circumstances and
unconscionability are established. The
statute above makes it even more difficult to obtain modification of property
division, in the interest of finality.
The party seeking a modification bears a heavy
burden, intended to discourage repeated or insubstantial motions for
modification. Failure to meet the heavy
burden results in denial of modification.
Also, where the alleged change in the circumstances of the parties is
one that the judge anticipated and made allowance for when entering the
original divorce decree, such change is not a ground for modification.
In exercising jurisdiction to modify maintenance
courts will proceed with caution, and unless the evidence clearly shows that
the original decree is no longer fair and just, it likely will not be
changed.
No comments:
Post a Comment