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.
Divorce Modification With Agreement In Salt Lake
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State:
Multi-State
County:
Salt Lake
Control #:
US-00004BG-I
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Word;
PDF;
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FAQ
A "stipulation" is a written agreement that shows the parties agree about everything requested in the Petition to Modify Divorce Decree. The parties can agree on everything in the Petition to Modify Divorce decree before it is filed. In that case, they can file a stipulated petition.
You can always renegotiate at any point as long as the divorce agreement has not been finalized. If the papers have already been signed, your lawyer must present a strong argument to the judge explaining that you wish to make a change based on some tangible reason, but the request may be denied.
Yes, you can amend a marital settlement, with both parties agreeing.
Yes, you can amend a marital settlement, with both parties agreeing.
A Divorce Agreement must contain the following information for it to be legally valid: Date of the agreement. Full name of both spouses. Marriage date and location. Date of marriage end. Child support and custody arrangements. Spousal support terms and conditions. Life and health insurance.
Contact the other party to discuss the term (or terms) in the settlement agreement requiring amendment. You should, however, be ready to compromise to reach a mutually acceptable deal. As both parties will need to agree on any changes before the court will grant approval.
To modify alimony there must be a material (important) and substantial (major) change in circumstances since the divorce that not expressly stated in the divorce decree or in the findings that the court entered at the time of the divorce decree.
However, if you received a truly unfair or unjust divorce settlement, you may be able to ask a court to reopen your case and take a second look at how the deal was made and whether or not it's unjust.
Some reasons why an ex-spouse might not be entitled to receive alimony include: The ex-spouse does not meet the legally required level of financial need. You are not financially able to provide alimony to your ex-spouse. Your ex-spouse is at fault for the divorce, due to having an affair or another cause.
How Much Alimony Does a Wife Get in Utah? In Utah, the maximum alimony award a recipient spouse can receive is the amount of their "demonstrated need." Alimony is usually around 40% of the paying party's income.