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.
The Illinois Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obliged Spouse's Changed Financial Condition is a legal document used in Illinois divorce proceedings. This affidavit is filed by the defendant spouse, also known as the obliged spouse, to request a modification or elimination of the alimony provisions specified in the divorce decree. It is crucial to provide a detailed description of the defendant spouse's changed financial condition to support the motion. The following information should be included in the affidavit: 1. Personal Details: Begin by stating your full name, contact information, and other identifying details such as your date of marriage, date of divorce decree, and any relevant court case numbers. 2. Financial Changes: Describe in detail the financial changes that have occurred since the divorce decree was issued. This may include loss of employment, reduced income, increased expenses, business failure, or other factors that have significantly affected your financial situation. 3. Supporting Documentation: Include copies of relevant financial documents such as pay stubs, tax returns, bank statements, medical bills, or any other evidence that illustrates the substantial changes in your financial circumstances. These documents should be organized and clearly referenced in the affidavit. 4. Alimony Provisions: Carefully review the alimony provisions mentioned in the divorce decree, outlining the specific conditions, duration, and amount of alimony payments. Explain why these provisions are no longer reasonable or feasible given your changed financial condition. 5. Justification for Modification or Elimination: Present a compelling argument for why the court should modify or strike the alimony provisions. Emphasize how your changed financial condition has made it difficult or impossible to meet the obligations established in the divorce decree. 6. Legal Basis: Cite relevant Illinois divorce statutes and case law that support your request for modification or elimination of the alimony provisions. It is beneficial to consult with an experienced family law attorney to ensure the affidavit complies with Illinois law and includes all necessary legal references. It's important to note that the specific type or title of this affidavit may vary depending on the local court rules or the specific circumstances of the case. Therefore, it is recommended to consult with a legal professional to determine the precise form or name of the affidavit as required by the court.
