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.
Spouse Support Form For Ny State In Queens
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State:
Multi-State
County:
Queens
Control #:
US-00003BG-I
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Word;
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FAQ
In New York, spousal support/ maintenance is determined by a guideline calculator based upon the income of the two parties and the length of their marriage. The Court is allowed to deviate from the guideline amount based on a number of potential rebuttal factors, however, such deviations are rare.
If the court finds that the needs of the child are not being met financially, then the needs of the child for support may override the written agreement of both parents. Most courts will require a minimum of $25.00 per month per child, even if a party gives up the right to receive child support.
Change (modify) your child support order:  At least three years have passed since your order was last established, modified, or adjusted.  Either parent's gross income has changed by 15% or more since the order was last established, modified, or adjusted. A reduction in your income cannot be by your own choice.
Go to the Petition Room at the Family Court where you child support petition was established or modified last and request information on how to file a modification petition. Timeline: Usually requires more than one court hearing.
A spouse is awarded maintenance if they lack sufficient income to provide for their needs. Various factors are taken into consideration by the court as to whether or not maintenance will be granted, including: The length of the marriage. The age and health of the spouses.
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.
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.
In most cases, if a spouse can work and their former spouse cannot afford to provide spousal support, the court can deny alimony. It is pertinent to note that New York is a no-fault divorce state, meaning both parties could cite fault grounds, however, it will not affect whether a spouse is granted spousal maintenance.