Alimony And Child Support In Massachusetts In King

State:
Multi-State
County:
King
Control #:
US-00004BG-I
Format:
Word; 
PDF; 
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Description

The Affidavit of Defendant is a legal document used in Massachusetts to address alimony and child support issues during divorce proceedings. In King County, this form is essential for individuals seeking to petition the court regarding their ability to comply with existing alimony obligations due to changes in financial circumstances. Key features of the form include sections to provide personal information about the defendant, details of the divorce decree, and a declaration of financial hardship affecting alimony payments. Users are instructed to attach a copy of the final judgment of divorce and to clearly state the reasons for their inability to comply with the financial terms established in court. It is crucial for the affiant to complete the form accurately and ensure proper service to all relevant parties, including the plaintiff and their attorney. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants involved in family law cases, as it facilitates communication with the court regarding payment modifications. By following the structured format, legal professionals can streamline the process for their clients while ensuring compliance with Massachusetts law.
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  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition
  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition

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FAQ

If your original divorce didn't award alimony, and didn't mention alimony in any way, you can file a complaint for alimony for the first time at any time after your divorce. To request alimony, you'll need to file: Complaint for Alimony. This is a form you write yourself, not a form you get from the court.

The Massachusetts Supreme Judicial Court took a novel approach and determined that the alimony law and the child support guidelines allow the court to consider awarding both alimony and child support based on the same income.

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.

The Massachusetts Supreme Judicial Court took a novel approach and determined that the alimony law and the child support guidelines allow the court to consider awarding both alimony and child support based on the same income.

A parent, not a stepparent, has the primary duty to support his or her child. However, either parent's remarriage may still affect child support obligations. A new spouse's income and assets are relevant to a parent's ability to provide support.

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 qualify for alimony support, the receiving spouse must prove financial hardship and make a case for monetary assistance, whether temporary or long-term.

To qualify for alimony support, the receiving spouse must prove financial hardship and make a case for monetary assistance, whether temporary or long-term.

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Alimony And Child Support In Massachusetts In King