Alimony Spouse Support With Spouse In Utah

State:
Multi-State
Control #:
US-00002BG-I
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Word; 
PDF; 
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Description

The Alimony Spouse Support with Spouse in Utah form is designed for individuals seeking to modify alimony provisions following a change in circumstances, specifically the remarriage of the recipient. This document allows the Defendant to present evidence to the court that the Plaintiff, who is the recipient of alimony, has remarried and is now supported by a new spouse, which may justify a modification or termination of alimony payments. Key features include sections for detailing the alimony provisions outlined in the Final Judgment of Divorce, statements regarding the new spouse's financial ability, and an affidavit to confirm the facts presented. Users should carefully fill out the form, ensuring all pertinent information is clear and complete, with any attached documents such as the Final Judgment included. This form can be crucial for attorneys, partners, paralegals, and legal assistants who need to navigate alimony modifications effectively, providing a foundational legal document for court proceedings. Legal professionals can assist clients in understanding the implications of remarriage on alimony obligations, while guiding them through filing and serving processes. The clarity of this form makes it essential for anyone involved in family law cases in Utah to ensure compliance and accuracy in modification requests.
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  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff
  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff

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FAQ

Most alimony payments in Utah are periodic (monthly) and due on the first of every month unless the court orders otherwise. Most judges include an income withholding order for alimony, which directs the paying spouse's employer to withhold the payments from the employee's paycheck and forward it directly to the court.

Some reasons why an ex-spouse might not be entitled to receive alimony include: The ex-spouse does not meet the legally required level of financial need. You are not financially able to provide alimony to your ex-spouse. Your ex-spouse is at fault for the divorce, due to having an affair or another cause.

In Utah, the law mandates that the judge may order alimony only up to the number of years that the marriage lasted. So if the couple was married for 17 years, the support can last up to 17 years. Any extension will be at the discretion of the family court.

How are alimony payments determined in Utah? Alimony in Utah is determined based on several factors, including the length of the marriage, each spouse's financial resources and needs, the standard of living during the marriage, and the recipient's ability to become self-sufficient.

The court considers the following factors when deciding whether to award alimony: The standard of living during the marriage. This includes income, value of real and personal property, and any other factor that the court thinks is important for understanding how the parties lived during their marriage.

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.

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Alimony Spouse Support With Spouse In Utah