This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the remarriage of the plaintiff former spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Alimony Spouse Support For Disabled In Kings
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State:
Multi-State
County:
Kings
Control #:
US-00002BG-I
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FAQ
Request to Establish, Modify or Terminate Spousal Support Garnishment Order Prepare Your Paperwork. A request for order sets a hearing with your judicial officer to request an order in your case. File with the Family Law Business Office. Have Your Paperwork Served. Appear at Your Hearing.
If both spouses are self-supporting at or above the marital standard of living, the recipient has committed domestic violence against the paying spouse, or the recipient accept a buyout, you may be able to avoid paying spousal support in California.
Support can end when: You agree in writing about the date it will end and the court signs off on the agreement. The court orders that it ends. The supported spouse remarries. Either spouse dies.
Misconduct: Certain behaviors can also lead to the disqualification of alimony. For instance, if a spouse is found to have engaged in financial misconduct, such as hiding assets or failing to disclose financial information during the divorce proceedings, this can result in disqualification.
Since the goal is to protect mutual standards of living, if your ex remarries or finds themselves once again in a steady double-income household, you may no longer be required to maintain or begin alimony payments.
Additionally, when the court calculates alimony, SSDI payments will count as income. However, SSI benefits will not count as income.
If the veteran is a retiree who is waiving military retirement to receive VA disability payments, then the VA disability can be garnished for child support or alimony, but only up to the amount of the VA waiver. Otherwise, family support cannot be taken from VA disability benefits.
When calculating alimony, SSDI payments are considered income, while SSI is not. VA disability benefits may not be considered when dividing marital property.
However, once the person is of retirement age, then he or she can collect retirement benefits. In all cases, a person can't collect more than one Social Security benefit at a time. For alimony determinations, all types of Social Security benefits count as income.