This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent 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.
Spousal Support Form For Parents In Queens
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Multi-State
County:
Queens
Control #:
US-00003BG-I
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FAQ
Spousal maintenance is normally durational that is, it has a set duration, normally long enough for the payee spouse to become self-sufficient. However, there are cases, given age, health and inability to support themselves, that the payee may be awarded nondurational or permanent alimony.
Not all divorces qualify for alimony. Courts consider factors like the length of marriage, income disparity between spouses, and ability to be self-sufficient.
Typically, the judge will take 20% of the lower-earning spouse's income and subtract that number from 30% of the higher-earning spouse's income. For example, one spouse makes $100,000, and the other makes $20,000. Thirty percent of $100,000 is $30,000, and 20% of $20,000 is $4,000.
Child support and spousal support are handled in Family Court. Parents must financially support their child until the child turns 21 years old or is emancipated. You can go to Family Court for a court order for child support from the other parent.
Only a petition to terminate child support in NY cancels the payments after the court reviews the specific circumstances used as grounds for termination. However, either one of the parents can request a modification to the settlement if there is a significant change in the earnings of the noncustodial parent.
Non-durational alimony in New York will end if either spouse dies or the payee spouse remarries. It can also end if there are changes in the quality of life of either the payor or the payee spouse.
In short term marriages the presumptive duration of maintenance is 15 to 30 percent of the length the of the marriage, for medium term divorces it is 30 to 40 percent, and long-term marriages it's 35 to 50 percent.
Nevertheless, as mentioned above, a spouse could be denied spousal support for various reasons. The courts have the authority to deny a spouse alimony if they don't need financial support or can work. A judge could also deny a spouse spousal support if the payor does not have enough funds to afford it.
New York permanent alimony does not have any set duration in which it will end. Most alimony today is durational rather than permanent except in certain specific situations.
NYC Spousal Support Calculation In 2021, the cap was $192,000. Effective March 1, 2022, the spousal support cap will be $203,000. If the payor-spouse's income is more than $203,000, the court uses the standard formula for the income up to and including the income cap.