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

Alimony Spouse Support With Child In San Diego

Category:

Family Law - Divorce - Affidavits

State:

Multi-State

County:

San Diego

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

After a divorce, it's common for one spouse to make payments to the other as part of the divorce agreement. These payments can be alimony, child support or a mix of both.

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.

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.

Under California law, for the most part, a new spouse's income is not used in the calculation for child support. It may only be considered when not doing so would cause extreme and severe hardship to the child involved. Usually, the calculation is made strictly using the parents' gross income.

Both parents have the legal duty to provide financial support for their child whether they are married, divorced, or even live with their children. The court may order either or both parents to make regular payments to cover a child's living and medical expenses.

In California, child support is typically the responsibility of the biological or legal parents of the child. This means that you generally cannot pursue child support from your ex-husband's new wife, as she is not the child's biological or legal parent.

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.

Courts also count health insurance, other medical expenses, daycare costs, school expenses, and other special needs when evaluating the responsibilities of both parents regarding child support. Courts do not directly consider the income of a new spouse when assessing child support obligations.

Child support is never deductible and isn't considered income. Additionally, if a divorce or separation instrument provides for alimony and child support, and the payer spouse pays less than the total required, the payments apply to child support first. Only the remaining amount is considered alimony.

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.

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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. Also, keep in mind that property division, child support, and child custody issues will typically have no bearing on a spousal support order.If you are involved in a divorce and need to figure out alimony, contact our San Diego spousal support lawyers today about your case! The San Diego spousal support and alimony lawyer at Boyd Law has extensive experience handling these cases in San Diego. (619)-232-1206. At Moshtael Family Law in San Diego, our spousal support team will help you pursue the spousal support order that is most appropriate for your needs. OUR SAN DIEGO DIVORCE ATTORNEY CAN HELP YOU RESOLVE YOUR MATTER - CALL FOR FREE CONSULTATION - EXPERIENCED DIVORCE ATTORNEY. Our San Diego spousal support attorneys can help! Call to speak to our intake team, Monday through Friday 9 am – 5 pm. If you were married for fewer than 10 years, then alimony is generally paid for up to half the length of the marriage (so 10 years or fewer). If child support is an issue, spousal support is calculated after child support is calculated.

Alimony Spouse Support With Child In San Diego

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FAQ

Can a woman get alimony and child support?

How to file for termination of spousal support in California?

What voids alimony in California?

Can I go after my ex-husband's new wife for child support in California?

Am I responsible for my spouse's child support in California?

Will I be responsible for my husband's child support in California?

How to get out of spousal support in California?

Is a wife liable for her husband's child support?

Can child support be deducted from alimony?

What disqualifies you from alimony in California?

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