Full question:
Is it a legal requirement for a man's overtime income or additional employment (in addition to his primary full time job as an airline first officer) be taken into account when determining the amount of spousal maintenance due? In other words, is it enforcable to make the man work more than 1 full time job?
- Category: Divorce
- Subcategory: Alimony
- Date:
- State: Colorado
Answer:
In Colorado, the term "income" refers to either the actual gross income of a parent working full-time or potential income if they are unemployed or underemployed. Notably, "gross income" does not include income from additional jobs that would require the obligor to work more than forty hours per week or exceed what is considered full-time employment.
According to Colorado statutes, "gross income" includes various sources such as salaries, wages, commissions, and bonuses, but explicitly excludes income from additional jobs that lead to excessive work hours (C.R.S. § 14-10-115). Furthermore, if a parent is voluntarily unemployed or underemployed, child support calculations may be based on potential income, unless they are incapacitated or caring for a young child.
In cases of spousal maintenance, the court considers the combined annual gross income of both parties and may grant temporary maintenance based on specific formulas, particularly if the higher-income party earns seventy-five thousand dollars or less annually. However, the court can deviate from this formula if it would be inequitable (C.R.S. § 14-10-114).
In summary, while overtime income may be considered in some contexts, additional employment that results in working beyond the standard hours is generally not included in the calculation of spousal maintenance in Colorado.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.