Spousal Support Calculator In Virginia In Miami-Dade

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

This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. 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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  • 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

Is my current spouse's income considered in the child support guidelines to determine the obligation amount? No, only a legal parent's income is included in the child support guidelines.

For couples without children, the formula involves subtracting 50% of the gross income of the receiving spouse from 27% of the gross income of the paying spouse. If there are children involved, the courts consider 58% of the receiving spouse's income and 26% of the paying spouse's income.

Common methods for calculating spousal support typically take up to 40% of the paying spouse's net income, which is calculated after child support. 50% of the recipient spouse's net income is then subtracted from the total if they are working.

What is a wife entitled to in a divorce in Virginia? Neither party in the marriage is automatically entitled to anything until it is determined by the court based on their unique situation. Division of property is also determined by the court based on each spouse's financial situation and assets.

Factors that may determine spousal support in Virginia include but are not limited to: Factors which contributed to the dissolution of the marriage. Age differences between the two parties. Assets owned by either party.

The formula stated in § 16.1-278. is: (a) 30% of the gross income of the payor less 50% of the gross income of the payee in cases with no minor children and (b) 28% of the gross income of the payor less 58% of the gross income of the payee in cases where the parties have minor children in common.

The TCJA provides that as of January 1, 2019, the payor of spousal support can no longer claim deductions for the payments and the payments are no longer considered taxable income to the payee.

The formula stated in § 16.1-278. is: (a) 30% of the gross income of the payor less 50% of the gross income of the payee in cases with no minor children and (b) 28% of the gross income of the payor less 58% of the gross income of the payee in cases where the parties have minor children in common.

You can start a spousal support case in Virginia Juvenile & Domestic Relations district courts by filing a petition. Find your local J&DR district court at this page, with links to each local court. The local J&DR district court can provide you more information about how to file a spousal support petition.

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Spousal Support Calculator In Virginia In Miami-Dade