The Rocky Mountain Family Lawyers are Denver’s award-winning family law trial advocates. We’re experts in TEMPORARY MAINTENANCE cases in Denver and other cities throughout Colorado. Call us today to talk personally with a lawyer about with your Denver TEMPORARY MAINTENANCE issues. (303) 502-9600.
What is Temporary Maintenance?
Temporary “maintenance” is money paid by the higher-earning spouse to the lower-earning spouse. Temporary maintenance is designed to be a “temporary blending” of the parties’ income in recognition of their former living arrangements as man and wife. Temporary maintenance payments usually start on the date of the temporary orders hearing. Occasionally, the court will make the start date retroactive to the date that the petition for dissolution was filed. Temporary maintenance ends when the court issues permanent orders, in the form of a decree of dissolution or legal separation.
Who Gets Temporary Maintenance
For parties whose combined annual gross income is less than $75,000, there is a rebuttable presumption that temporary maintenance is owed to the party with the lower income. The presumptive amount of the temporary maintenance is 40% of the higher income earner’s monthly adjusted gross income less 50% of the lower income earner’s monthly adjusted gross income. In my experience, Courts only rarely deviate from this formula, probably because it is only “temporary.” If the paying party is already paying maintenance or child support to a third party (such as a mother of another child), the amount of the support payment is deducted from the paying party’s income before calculating temporary maintenance.
For parties whose combined gross income exceeds $75,000, there is no presumption that temporary maintenance is appropriate. Instead, the court will consider whether to award temporary maintenance based on the same factors used to determine permanent maintenance. Refer to our Permanent Maintenance page.
The parties can waive or modify the presumptive amount of temporary maintenance, subject to the court’s review and approval.
Officially, temporary maintenance orders have no binding legal effect on permanent orders. Don’t believe it. If you live in Colorado and the annual combined income of you and your spouse exceeds $75,000, get a lawyer to represent you at the temporary orders hearing.
The Rocky Mountain Family Lawyers are Colorado TEMPORARY MAINTENANCE experts. Call us now to discuss your legal options and rights concerning TEMPORARY MAINTENANCE in Denver, Colorado and surrounding cities (303) 502-9600.