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.
Types Of Alimony In San Jose
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Multi-State
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San Jose
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US-00004BG-I
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What do I do if I want alimony? You can ask for alimony as part of a divorce proceeding. If you and your spouse reach an agreement about alimony, you can ask the judge to make the agreement a part of the court order. If you cannot reach an agreement, the judge will decide whether you are entitled to alimony.
There are two types of spousal support Temporary spousal support: An order for payments to a spouse before your case is final. You can ask for a temporary support order as soon as you file the case. Long-term spousal support: Support orders made at the end of the case (for example, in a Judgment).
California determines alimony based on the recipient's “marital standard of living,” which aims to allow the spouse to continue living in a similar manner as during the marriage.
California doesn't use a "calculator" for determining the amount of long-term spousal support. Instead, judges must decide how much to award after they've considered all of the following circumstances: each spouse's needs, based on the standard of living they had during the marriage.
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.
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 most common type of spousal support is usually called rehabilitative alimony—because it's meant to "rehabilitate" dependent spouses by giving them financial support while they gain the education, training, or work experience needed to become self-supporting.