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Motion
Affidavit of Defendant Spouse in Support of Motion to Amend or Strike...

Alimony Spouse Support With Spouse In Los Angeles

Category:

Family Law - Divorce - Affidavits

State:

Multi-State

County:

Los Angeles

Control #:

US-00002BG-I

Format:

Instant download

Description

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.

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FAQ

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.

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.

A: Alimony can be suspended or terminated in the event that the recipient is cohabitating with someone in a relationship akin to marriage. These are complex cases that require a careful approach. Your brother should have a consultation with a qualified matrimonial attorney immediately.

In the state of California, the law presumes that living with someone else reduces your need for support. You will need to prove to a judge that you still need the same amount of alimony. Otherwise, it will be reduced or terminated.

To prove cohabitation, you will need to show that your ex is residing with another person, sharing household expenses and that they are holding themselves out as a couple. While the proof of sexual activity can be difficult to prove, it will generally be presumed when the other factors are proven.

If you are still living with your spouse or former spouse, alimony payments are not tax-deductible. You must make payments after physical separation for them to qualify as tax-deductible. Don't file a joint tax return. If you and your spouse file a joint income tax return, you can't deduct alimony payments.

40% of the high earner's net monthly income minus 50% of the low earner's net monthly income. For instance, if Spouse A earns $5,000 per month and Spouse B earns $2,500 per month, temporary spousal support might be calculated as follows: 40% of $5,000 = $2,000. 50% of $2,500 = $1,250.

To avoid alimony, make sure that the other party is self-sustaining. If they have the skills and/or education level to make a substantial income, then they won't need alimony.

Specifically in California, disqualification might result from several key factors. One such factor is a significant change in the financial status of the recipient spouse, such as acquiring a new job or receiving an inheritance, which could render them financially independent and no longer in need of support.

There is no specific marriage duration to get alimony in California. The good news is there is no specific minimum duration before a spouse may receive alimony. A California family court bases its decision to order alimony on a variety of factors, including the marital standard of living.

More info

Spousal support (also known as alimony) is a court ordered payment from one spouse or domestic partner to help cover the other's monthly expenses. You can use this form if you need to ask the judge to make a decision about long-term spousal support.The document must be accurate as it is signed under penalty of perjury. Fighting for spousal support from your ex? Our Los Angeles attorney at Lavinsky Law can help you. ARRANGE FOR A CONSULTATION ONLINEOR CALL (424) 421-0009 TO SPEAK WITH A LOS ANGELES SPOUSAL SUPPORT ATTORNEY. Fill out our online contact form or call (310) 878-4077 for comprehensive representation in your spousal support case in Beverly Hills. Facing a spousal support or alimony issue in Los Angeles? Call Marmolejo Law, APC for legal representation. Spousal support, or alimony, payments are made from one spouse to another under a separation or divorce order.

Alimony Spouse Support With Spouse In Los Angeles

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FAQ

What stops alimony in CA?

What disqualifies you from alimony in California?

Do I lose alimony if I live with someone?

Does living with someone affect alimony?

How do I prove my ex is cohabitating?

Is alimony taxable if living together?

How much alimony does a spouse get in California?

What disqualifies you from alimony in Wisconsin?

What disqualifies you from spousal support in California?

How long do you have to be married to get alimony in Los Angeles CA?

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