POST DECREE REMEDIES IN COLORADO

Post decree remedies generally come from failure to comply with court orders following the finalization of a divorce. If your ex spouse refuses to pay the established amount of child support, for example, this may be a grounds to file for post decree remedies. 

Post decree remedies aren’t always a result of a breach of contract, though. Sometimes the circumstances surrounding a divorce simply change. This may be that one party has lost their job since the divorce and needs more in financial support. Any sudden loss of assets could result in a post decree remedy. The same goes for any sudden gain of assets.

Though it is never ideal to open old wounds, especially in the case of divorce, sometimes you have no other option. If your ex spouse is not adhering to your divorce agreement, you’re entitled to these remedies.

Contempt

In order to file a post decree remedy, you must show cause, or contempt. This means you must be able to prove to a court that the other party is not complying with the order issued by the court. There are two types of contempt in the case of post decree remedies: remedial and punitive. 

Remedial

Remedial contempt occurs when the goal of the decree is to urge the party to comply with the original agreement. There are a few factors that must be met to prove remedial contempt. In sequential order, these are:

• A final order was issued by a judge
• The party was aware of this order
• The party has not complied with the conditions of this order
• At the time of the divorce, the party possessed the ability to comply with this order
• The party still currently has the ability to comply with this order

In the case that these conditions are met, the judge can order the accused party to compensate for any fees. They can also issue a jail sentence if that party refuses to comply with the terms that were set.

Punitive

Punitive contempt generally seeks to punish the person rather than force them to comply. In this case, the accused party may receive a jail sentence. They would not, however, be required to pay fees or debts.

Sometimes, the decree may be handled over a letter from our offices to the party in question. We will indicate where the problem lies and offer a solution. This solution may be that you and your ex spouse both submit an Agreed Entry that indicates the change in the order.

If this does not resolve the issue, your attorney would file a cause with the court that explains the reasoning behind your request. This may include the changes experienced since the finalization of the divorce or the terms and conditions that were violated. They would also request for remedies. These remedies might include any court, attorney, or filing fees as well as any additional costs or debts they find applicable.

The court will then decide on a hearing date. What happens from there depends on whether you and your ex spouse are able to come to an agreement. If not, your attorney will represent you and your interests in court.

A judge will determine if you or your spouse are eligible for spousal support. Though in high asset divorces, spousal maintenance or support is almost always required.

Also in a high asset divorce, it’s sometimes difficult to uncover the entirety of the financial circumstances. In some cases, spouses may hide assets to avoid division or increasing their amount in spousal maintenance. 

Your lawyer will work to uncover any of these hidden assets to ensure you get a fair distribution. 

Once all the assets have been made known, the judge will determine the need for spousal support. Some of what they will consider include:

• Gross income of each party
• Age and physical health of each party
• Distribution of marital property
• Financial resources of each party and their contributions to the marriage
• Financial need and lifestyle established by the marriage
• The employment status/ability for employment of each party

If the judge decides that support is appropriate in your case, they determine the amount using a specific formula. This is 40% of the higher earning income minus 50% of the lower earning income. Though this is generally the formula used, it is not always set in stone. Every circumstance and court is different and unique to each party.