This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the grounds that since this order was made, the conditions and circumstances on which the order was based have materially changed. 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.
Hawaii Affidavit by Obligor Spouse on Application to Modify Order for Alimony
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How to fill out Affidavit By Obligor Spouse On Application To Modify Order For Alimony?
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The parties' ages and physical and mental health. The parties' standard of living during the marriage. The work experience, vocational skills, and educational levels of the dependent spouse. The earning capacity and ability of the payor spouse to make alimony payments.
Alimony in Hawaii can be distributed in two different fashions. The first is for the paying party to provide monthly payments to the receiving party. The other type of alimony is when it is made in a one-time lump sum. There are two different types of alimony in Hawaii: temporary and permanent.
Typically, this type of alimony may last about six months to a few years. The second type of alimony is permanent, yet it is awarded very rarely in Honolulu. A court might order permanent alimony if a spouse doesn't have any job prospects because of a disability or old age.
In Hawaii, for one spouse to be eligible for alimony, the spouses must have been legally married. Alimony is decided either by agreement between the spouses or by the court.
The law is that alimony cannot be longer than the marriage, and rarely is alimony awarded for the remainder of the alimony recipient's life. Instead, often disparate property division is awarded, which means the alimony recipient receives more than 50% of the time of divorce equity/net worth.
Judges have broad discretion when deciding whether to award support and, if so, the type and amount to order. There is no formula for calculating spousal support in Hawaii. The court won't order any spousal support until the judge finds that one spouse needs financial assistance and the other can pay it.
Courts in Hawaii divide assets ing to equitable distribution. This means that marital assets are divided fairly and equitably, but not always on a 50/50 basis. The court must consider several factors before approving how assets are divided. Marital debts are also treated in a similar fashion.