Paying For Child Support And Alimony In Wake

State:
Multi-State
County:
Wake
Control #:
US-00004BG-I
Format:
Word; 
PDF; 
Rich Text
Instant download

Description

The document is an Affidavit of Defendant related to paying for child support and alimony in Wake. It serves as a formal declaration of the defendant's current inability to meet the financial obligations set forth in a divorce decree. Key features include sections to provide personal information, details about the alimony payments, reasons for diminished income, and the affirmation that no previous applications for relief have been made. The form is designed to be filled out by the defendant and requires notarization to validate the affidavit. Ideal use cases include situations where a defendant needs to apply for modification of alimony payments due to changes in financial circumstances. It is beneficial for attorneys, partners, owners, associates, paralegals, and legal assistants who may assist clients in navigating divorce proceedings and modifying support obligations. The clarity and structure of the form facilitate ease of use, ensuring that users can complete the affidavit accurately and in compliance with legal requirements.
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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

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.

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.

The Guidelines set a minimum child support amount of $91.00 per child per month.

California Alimony 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.

Adultery. Abandonment. Reckless spending, such as gambling assets. Physical, emotional, or verbal abuse.

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.

North Carolina General Statutes § 50-16.9 states that alimony terminates upon the death of either former spouse, upon the remarriage of the dependent spouse, or the cohabitation of the dependent spouse.

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Paying For Child Support And Alimony In Wake