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 With Child Support In Riverside
Category:
State:
Multi-State
County:
Riverside
Control #:
US-00004BG-I
Format:
Word;
PDF;
Rich Text
Instant download
Description
Free preview
Form popularity
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.
The person asking for alimony must show the court that he or she needs financial support, and that the other spouse has the ability to provide financial support.
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.
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.
Since the goal is to protect mutual standards of living, if your ex remarries or finds themselves once again in a steady double-income household, you may no longer be required to maintain or begin alimony payments.
The courts in many California counties use a formula as a guideline for calculating the amount of temporary spousal support. These guidelines vary, but one common formula for the monthly amount of support is 40% of the high earner's net monthly income minus 50% of the low earner's net monthly income.
The key factors analyzed in an alimony decision are each spouse's income, ability to earn and standards of living established during the marriage. If there is a history of violence, abuse or certain criminal convictions, however, this could bar a spouse from receiving alimony payments under California law.
More info
The question of whether you will need to pay alimony in addition to child support depends on your circumstances as presented to the court. You will be asked to fill out certain documents.Many of these must be signed under penalty of perjury. Resolve spousal support matters with experienced Riverside divorce attorneys at the Albright Family Law Group. Providing consultations. 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. Child support is calculated using the "Guideline" calculator, which takes into account each parent's income, timeshare with the child, health insurance costs. If child support is an issue, spousal support is calculated after child support is calculated. Filing Fee – Anywhere in the California court system you are likely to pay filing fees for initiating a case.