Can maintenance on a non-modifiable separation be changed if there have been significant income changes?

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Can maintenance on a non-modifiable separation be changed if there have been significant income changes?

Husband makes 30% less than he made in 06/09 when the divorce was filed. At that time, the wife did not work. She now has employment, and his income has been reduced significantly. The divorce is non-modifiable, but he cannot make the payments as he is in a 100% commission position. The payments are $1700 every two weeks, with arrearages of $2400. The state is threatening pursuit of assets, of which there aren’t any. The 3 terms for modification are: 1) She remarries; 2) She makes over $100,000; or 3) Death. But if the maintenance cannot be satisfied, what options are there?

Asked on November 5, 2010 under Family Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I would go and seek help with this.  There is not a provision in your divorce decree or agreement that indicates that you will sit down yearly at least and exchange tax returns and other supporting documents to adjust your requirements and percentages?  I can not imaging that the law would allow that the agreement can not be modifed for a "change of circumstances" but I guess that anything is possible.  My concern here is why the position went to 100% commission?  Was that at your request or was that thrust upon you?  Someone needs to read your agreement or judgement and know what the law is to help you.  That would only be a lawyer in your area.  Good luck. 


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