How Do I Pick the Right Attorney For Me?

One of the first questions you might ask yourself when you are searching for an attorney is “how do I know which attorney I’ll work the best with?” or “who will align with me and get me the best results in my case?” This is a very important question to consider because if you and your attorney don’t align then you might not be satisfied with their service or your end result. We never want that to be the case. Here are a few criteria to consider when deciding what attorney to hire to make sure that you and your attorney will be the best fit together.

 

Personality –

One of the most important factors to consider when deciding on hiring an attorney is how their personality would work with yours. When you are going through a divorce, you will end up sharing some of the most important and private details of your life with your attorney. Finding someone who complements you and can be a good partner is a key component to a successful attorney-client relationship.

Situation –

Another very important factor to consider when finding the right attorney is your specific situation. Every attorney has their strengths and areas of family law they practice more than others. If your case is very complex, you might look for an attorney who has more experience handling complex cases. On the other hand, if your situation is a very emotional one, it might be best to find a more empathetic attorney that you feel you can talk to and connect with for support. Another example would be if there is a lot of contention between you and your ex; in this case, you might be looking for a more aggressive attorney that will fight for you in times that get tense. Every situation is different, therefore it is key to find an attorney that will represent you in the way you need to be represented to achieve the most successful result in the end.

Cost –

Lastly, one thing to always keep in mind is how much you can afford when hiring an attorney. Of course, this always depends on each individual case and what you need the attorney to help you with. One of the most important factors that can affect the cost of your case is how contentious the separation is. If you and your ex can agree on most things through mediation, this will keep costs down compared to a case that goes to court. Another factor is what services you need legal help with. In some cases, you may only need unbundled legal services, but other cases will require full representation.

 

Finding an attorney with the right mix of personality, experience, and cost to help you with your divorce case is an important step in the divorce process. At Divorce Matters, we understand the importance of this decision. We match our clients with our attorneys based on all of these considerations, to ensure we deliver the best possible legal representation to every client.

If you’d like to get to know more about our attorneys visit their profiles here.

What are Some Good Reasons to Reduce the Amount of Alimony I Pay?

When the court calculates your spousal maintenance order, it does so using all relevant factors about you and your spouse’s incomes, financial needs, and lifestyle at the time of your divorce. But as the years pass and your lives change after the original order is signed, your needs and financial realities can change dramatically. When this happens, you can modify your maintenance order by filing a motion to modify it with the court.

The court has the discretion to determine whether or not to grant the modification you request. If it determines you have a valid reason for seeking the modification, it will likely approve the request. Below are a few good reasons to pursue a modification. In some cases, you can even request that your order be terminated before completing its originally stated term.

You Lost Your Job

Staff reductions happen. Layoffs happen. Terminations happen for a wide variety of reasons. The point is, if you lose your job against your will, you can state this as a valid reason for seeking a modification to your alimony order. Similarly, having to accept a pay cut is a valid reason to cite for needing an alimony modification.

The key phrase here is “against your will.” Voluntarily quitting your job is not a valid reason for pursuing a change to your spousal maintenance order.

Your Former Spouse is Cohabitating

In Colorado, spousal maintenance automatically terminates when a recipient remarries. With this in mind, many recipients choose to cohabitate with a new partner instead of remarrying. If your spouse is living with a new partner, provide proof that they are living together in your motion for a modification to prove that he or she no longer needs the amount of support outlined in your agreement.

You Become Ill or Disabled

The reality of living in the United States is that when you get sick, your medical expenses can put you into severe debt. When you are facing substantial medical expenses or the inability to work due to an illness or disability, you can cite this as a reason for seeking a modification.

You Have Another Child

Raising children is expensive. The court understands this, and it also understands that people move on after their divorces and often, moving on means remarrying and having children with a new spouse. In your motion to modify your spousal maintenance order, stating that you have a new baby to support is a valid reason to reduce your financial obligation to your former partner. Typically, this only applies to your own children, not your new partner’s children who move into your home.

Work with an Experienced Denver Divorce Lawyer

To learn more about the process of modifying an existing spousal maintenance order, schedule your legal consultation with a member of our team of Colorado divorce lawyers at Divorce Matters. Our team is here to answer your questions and help you achieve your post-divorce goals.

How Taxes on Alimony Will Be Calculated Differently for Denver Residents in the New Year

If you filed for divorce recently in Denver, or if you are considering filing for divorce once the holidays are over, you may know that changes to federal tax law will impact how alimony or maintenance payments are taxed beginning in 2019. More specifically, the Tax Cuts and Jobs Act (TCJA), most of which took effect earlier, flipped the tax implications of alimony and maintenance payments, meaning that the party who used to pay taxes on maintenance no longer will be taxed, and vice versa.

We will say more about the TCJA implications for alimony and maintenance payments in 2019, and then we will explain how changes to Colorado alimony law are intended to offset the federal tax law changes.

Federal Tax Law Changes to Alimony and Maintenance Payments

An article in CNBC explained how the Tax Cuts and Jobs Act will eliminate the alimony tax deduction for payor spouses beginning on January 1, 2019. If you are currently in the process of getting divorced and could finalize the divorce before the New Year, then you will not be subject to the new system of taxation. However, all divorces finalized on January 1, 2019 and afterward will have to use the new model.

Under the federal tax law prior to the passing of the TCJA””the law that remains in effect until 2019–the payor spouse (the one making the payments) is permitted to deduct alimony payments from his or her income prior to paying federal income taxes. In other words, The spouse who pays alimony has not been paying taxes on the amount of income earned that goes toward alimony. Instead, the payee spouse (the one receiving the alimony payments) pays federal taxes on that money as if it were income.

The TCJA changes this. Starting on January 1, 2019, any divorces finalized in which alimony or maintenance is awarded will result in the payor spouse being taxed on alimony payments and the payee spouse being allowed to deduct the alimony payments. In other words, the alimony payments will be taxed as part of the payor spouse’s income instead of the payee spouse’s income. Since the payor spouse earns more money than the payee spouse, and higher incomes are taxed at higher rates, the new system means that the federal government will be able to collect more in income taxes for the alimony when it is taxed from the payor spouse’s income.

How Colorado Maintenance Law Has Changed in Response to the TCJA

Recognizing that the TCJA will affect Colorado residents, the Colorado legislature revised the state’s maintenance law. These changes aim to offset the TCJA shift in taxation.

Under Colorado law (C.R.S. § 14-10-114), a maintenance cap was instituted for couples whose divorces were finalized on August 8, 2018 and after. Then, largely in response to the TCJA changes that will take effect for divorces finalized in 2019 and afterward, the payee spouse (the one receiving the maintenance payments) will only receive 80 percent of the maintenance amount calculated if the parties; combined gross income totals $10,000 or less. If the combined gross income of the parties is between $10,000 and $20,000, then the payee spouse will receive 75 percent of the maintenance amount calculated under the cap formula.

The idea is that awarding only a percentage of the maintenance calculation to the payee spouse will offset the tax that the payor spouse will be responsible for paying.

Contact a Denver Alimony Lawyer

If you have questions about alimony or maintenance payments in Colorado, a Denver divorce lawyer can assist you. Contact Divorce Matters today to speak with an experienced advocate.

Debt after Divorce

As married couples navigate life, it is common for them to incur various forms of debt. To be sure, a couple may purchase a house together and have mortgage debt; may buy a car and be liable for car payments; may go to graduate or professional school and incur student loan debt; may suffer a health scare that results in medical debt; or may even just be poor at budgeting and incur credit card debt as a result.

If a couple decides to divorce, this debt must be dealt with. To be sure, the divorce agreement must include a determination about who is liable for which forms of debt and how much debt. If you are getting a divorce in Colorado, here’s a look into how marital debt may affect your divorce settlement–

Marital Debt – How’s it Divided?

Colorado is an equitable distribution state, which means that marital assets must be distributed equitably among the spouses at the time of divorce. This rule also applies to debt; debt must be equitably distributed, but not equally distributed, amongst the two parties during a divorce.

Marital debt is typically considered debt that is incurred during the course of the marriage, whereas separate debt is debt that’s incurred prior to a marriage’s formation. Assets acquired during the course of the marriage include those that are only titled in one spouse’s name. For example, if your spouse purchased a new car during your marriage and the car is only in their name, you will likely still be liable for this debt.

With this standard in mind, the court does not always hold that all debt accumulated during the marriage is marital debt. In fact, the court may assign debt to one party depending upon the type of debt. For example, if your spouse took frequent trips to Vegas and blew thousands of dollars while there, the court may not hold you liable for this debt.

Reaching a Property and Debt Division Agreement

You and your spouse have the opportunity and the right to come to an agreement about how marital debts will be divided rather than turning directly to the court for a decision. This is strongly recommended; reaching an agreement together is typically less expensive, and there is a greater chance of you both getting a little bit of what you want. When negotiating your debt settlement agreement with your spouse, consider the following:

  • Compromise. Be willing to give up something to get something that you want. The more flexible you are, the better the chances of reaching an agreement out of court.
  • Be amicable. It can be difficult to negotiate with your spouse with a smile on your face. While kindness may feel elusive, try to be amicable. This will encourage your spouse to be amicable as well, which can make reaching an agreement more plausible.
  • Work with a professional. It’s smart to know exactly what your options are, and what the consequences of your divorce settlement will be. A professional accountant or lawyer can guide you and help to protect your best interests.
  • Hire a lawyer. Negotiations can be trying – hire a lawyer to represent you during the process and ensure that you don’t end up with a settlement that unfairly leaves you with mountains of debt.

Call Our Denver Divorce Attorneys Today

To learn more about debt in a Denver divorce, call our professionals at Divorce Matters today. We are a team of experienced lawyers who work hard for our clients.