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.
Alimony And Child Support In California In Middlesex
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State:
Multi-State
County:
Middlesex
Control #:
US-00004BG-I
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FAQ
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.
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.
40% of the high earner's net monthly income minus 50% of the low earner's net monthly income. For instance, if Spouse A earns $5,000 per month and Spouse B earns $2,500 per month, temporary spousal support might be calculated as follows: 40% of $5,000 = $2,000. 50% of $2,500 = $1,250.
The guideline states that the paying spouse's support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse's net monthly income. If child support is an issue, spousal support is calculated after child support is calculated.
More info
You have 10 days from when you receive this form to fill it out and file it with the court. Page 3 of the form has more instructions and resources.Your spouse fills out a court form. Your spouse can fill out the Stay of Service of Earnings Assignment Order (form FL-455). Spousal support and child support are often ordered together in a divorce. All alimony in California is based on one spouse's need for support and the other spouse's ability to pay. Agreements must be fair and reasonable. The question of whether you will need to pay alimony in addition to child support depends on your circumstances as presented to the court. In California, there is a "guideline" formula that is used to calculate child support, according to a legislatively prescribed mathematical formula. California Family Code Section 3900 sets forth the obligation of parents to support minor children, in a manner suitable to the child's circumstances.