In re the Marriage of Nelson
2012 COA 205
Colo. Ct. App.2012Background
- Post-dissolution maintenance modification case; husband appeals district court order extending wife’s maintenance.
- Original maintenance award was $1,932 per month for five years; after that term, wife sought modification due to illness.
- District court held a hearing; wife sought attorney fees under §14-10-119; husband objected to lack of notice.
- Court suggested separate fee motion and delayed entry to allow proposed findings; wife filed fee motion; husband sought fees as frivolous.
- District court granted modification reinstating maintenance (amount later cited as $1,982) and retroactive to filing date, plus potential termination triggers.
- Appeal addressed jurisdiction, finality of the modification order, and related attorney-fee proceedings under post-decree circumstances.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the modification order is appealable despite pending attorney fees. | Nelson | Nelson | Yes; order fully resolved merits despite fee unresolved. |
| Whether Hill prevents appellate review of a post-decree modification with attorney fees pending. | Nelson | Nelson | No; Hill not controlling in post-decree maintenance context. |
| Whether the court properly considered income for maintenance modification. | Nelson | Nelson | Proper; second job income permissible as relevant though not strictly child-support calculation. |
| Whether retroactive modification to the filing date was appropriate. | Nelson | Nelson | Within court's discretion; no reversible error. |
| Whether the appeal should be dismissed for unresolved attorney-fee motions. | Nelson | Nelson | Partially; appeal dismissed as to wife’s post-hearing motion for fees; modification affirmed. |
Key Cases Cited
- In re Marriage of Hill, 166 P.3d 269 (Colo.App.2007) (feeder to why fees affect finality of permanent orders; not controlling here but informs interconnection of issues)
- Hill v. Hill, 166 P.3d 272 (Colo.App.2007) (fees integral to equitably disposing assets and liabilities)
- In re Marriage of Aldrich, 945 P.2d 1370 (Colo. 1997) (consider relative financial status for fees; intertwined with maintenance)
- In re Marriage of Jones, 627 P.2d 248 (Colo. 1981) (property division unaffected; maintenance/fees remanded for review)
- DaFoe, 677 P.2d 426 (Colo.App.1983) (modification standards; retroactivity considerations)