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 With Spouse In Michigan
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FAQ
An award of spousal support isn't automatic in a Michigan divorce case. While there is no legal requirement for spousal support, it is awarded on a case-by-case basis depending on the facts of the matter and the needs of the dependent spouse. In some cases, spousal support is not awarded at all.
In Michigan there is no specific mathematical Michigan alimony formula for determining whether or not spousal support should be awarded. Finally, there is no specific mathematical Michigan alimony formula for determining the length of time that spousal support should be awarded.
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.
Periodic spousal support can be temporary or permanent. Temporary spousal support can give a person a chance to get a degree or gain job skills. It can last for a specific number of months or years, or until a specific event.
The most common form of alimony in Michigan is Periodic Spousal Support. This is a flexible option for a judge, and can be ordered for a short or long amount of time. This is common when a judge deems a spouse to be able to become self-supporting, but not immediately.
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.
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.
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.
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.