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New Hampshire Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff

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This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the remarriage of the plaintiff former spouse. 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 New Hampshire Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff is a legal document filed by the defendant spouse in a divorce case in New Hampshire. This affidavit is used to support a motion to modify or remove the alimony provisions of the divorce decree when the plaintiff has remarried. Here is a detailed description of this affidavit: 1. Purpose: The purpose of the New Hampshire Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff is to provide evidence and arguments to support the defendant spouse's request to modify or eliminate the alimony provisions of the divorce decree due to the plaintiff's remarriage. 2. Filing the Affidavit: The defendant spouse or their attorney must file this affidavit with the court that issued the original divorce decree. It is crucial to adhere to the court's specific filing requirements and procedures regarding affidavits. 3. Identification: The affidavit begins with the defendant spouse's identification information, including their full legal name, address, contact details, and a statement acknowledging their involvement in the divorce proceedings. 4. Divorce Case Details: This section provides essential details related to the divorce case, such as the case number, date of the divorce decree, and the court that issued the decree. It is important to accurately provide this information to ensure the motion is attached to the correct case. 5. Current Circumstances: Here, the defendant spouse outlines their current circumstances, including their financial situation, employment status, and any relevant changes since the divorce decree was issued. These details are crucial in building a case for alimony modification or termination. 6. Plaintiff's Remarriage: The defendant spouse presents the evidence of the plaintiff's remarriage in this section. They may include specific dates, locations, and supporting documentation like a marriage certificate or public records. This evidence substantiates the motion to amend or strike alimony provisions based on the plaintiff's changed marital status. 7. Financial Impact: The affidavit must address the financial impact of the plaintiff's remarriage on the defendant spouse. This may include explaining how the plaintiff's new spouse's income affects their need for alimony or how the remarriage relieves the defendant spouse's financial burdens. 8. Explanation of Request: The defendant spouse explains their reasons for seeking a modification or elimination of the alimony provisions. They may argue that the plaintiff's remarriage has terminated their obligation to provide financial support or demonstrate that the circumstances have changed, making the current alimony terms unfair or inappropriate. It is important to understand that there may be different types of affidavits related to this motion, depending on specific circumstances. For example, there might be separate affidavits for modifying different aspects of the alimony provisions, such as the duration or amount, in addition to requesting outright termination. It is advisable to consult with an attorney to determine the appropriate type of affidavit and ensure compliance with New Hampshire laws and court requirements.

The New Hampshire Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff is a legal document filed by the defendant spouse in a divorce case in New Hampshire. This affidavit is used to support a motion to modify or remove the alimony provisions of the divorce decree when the plaintiff has remarried. Here is a detailed description of this affidavit: 1. Purpose: The purpose of the New Hampshire Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff is to provide evidence and arguments to support the defendant spouse's request to modify or eliminate the alimony provisions of the divorce decree due to the plaintiff's remarriage. 2. Filing the Affidavit: The defendant spouse or their attorney must file this affidavit with the court that issued the original divorce decree. It is crucial to adhere to the court's specific filing requirements and procedures regarding affidavits. 3. Identification: The affidavit begins with the defendant spouse's identification information, including their full legal name, address, contact details, and a statement acknowledging their involvement in the divorce proceedings. 4. Divorce Case Details: This section provides essential details related to the divorce case, such as the case number, date of the divorce decree, and the court that issued the decree. It is important to accurately provide this information to ensure the motion is attached to the correct case. 5. Current Circumstances: Here, the defendant spouse outlines their current circumstances, including their financial situation, employment status, and any relevant changes since the divorce decree was issued. These details are crucial in building a case for alimony modification or termination. 6. Plaintiff's Remarriage: The defendant spouse presents the evidence of the plaintiff's remarriage in this section. They may include specific dates, locations, and supporting documentation like a marriage certificate or public records. This evidence substantiates the motion to amend or strike alimony provisions based on the plaintiff's changed marital status. 7. Financial Impact: The affidavit must address the financial impact of the plaintiff's remarriage on the defendant spouse. This may include explaining how the plaintiff's new spouse's income affects their need for alimony or how the remarriage relieves the defendant spouse's financial burdens. 8. Explanation of Request: The defendant spouse explains their reasons for seeking a modification or elimination of the alimony provisions. They may argue that the plaintiff's remarriage has terminated their obligation to provide financial support or demonstrate that the circumstances have changed, making the current alimony terms unfair or inappropriate. It is important to understand that there may be different types of affidavits related to this motion, depending on specific circumstances. For example, there might be separate affidavits for modifying different aspects of the alimony provisions, such as the duration or amount, in addition to requesting outright termination. It is advisable to consult with an attorney to determine the appropriate type of affidavit and ensure compliance with New Hampshire laws and court requirements.

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New Hampshire statute 4, Orders for Support of Spouse, states that "If either spouse is living apart from the other without justifiable cause or willingly absents himself or herself from the other, the superior court, upon his or her petition, or if insane by his or her guardian or next friend, may issue orders ...

As a rule, a support recipient's second marriage or new common-law relationship does not automatically terminate spousal support. The exception to that rule is where an existing court order or separation agreement specifically says remarriage or cohabitation by the support recipient will end payments.

Remarriage does not mean automatic termination of spousal support, but support is often reduced or suspended or sometimes even terminated. Compensatory support is often treated differently from non-compensatory support. Much depends upon the standard of living in the recipient's new household.

If your spousal support obligation is compensatory in nature, your ex-spouse's remarriage is unlikely to affect your continuing financial obligation to them. In general, it is fair to say that the effects of remarriage are more significant on needs-based support than with compensatory or contractually based support.

In order to remarry, you must be legally divorced. You cannot simply be separated, even if you have signed a separation agreement. To be legally divorced, you need to have been separated for one-year (in most cases) and apply for a Divorce Judgement through the Court of Queen's Bench.

8 Ways to Avoid Getting and Paying Spousal Support in Canada 1) Ensure Good Settlement Agreement. ... 2) Maintain the Standard of Living. ... 3) Quicken and Secure the Divorce. ... 4) Prove Spouse Adultery. ... 5) Show The Lack of Needing Support. ... 6) Bring Up a Previous Agreement. ... 7) Note Personal Financial Hardship. ... 8) Request Modification.

Often, spousal support will last for between six months and one year for every year you were married or lived together. But if you were married for a long time and you're older when you separate, spousal support might not have an end date. The end date would be decided later, maybe after you (usually the payor) retire.

New Hampshire's laws To receive alimony, your spouse must prove they have substantial need for your support. They will likely meet this threshold if they cannot make ends meet or maintain your marital lifestyle without your help. In most cases, any support you provide will only last half the length of your marriage.

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Monthly Income - Miscellaneous. AFDC, TANF, and Food Stamps. Other Public Assistance. Children's Income. Child Support. 5. Monthly Income Before Taxes. Form filed by party who is unable to obtain a financial affidavit from the other side. Document Format: PDF. Number: NHJB-2197-F. Tags: circuit court. family ...Nos. 34,744, 84,745. August 6, 1948. Divorce — alimony — termination — effect of divorced wife's subsequent marriage. Virginia Code §20-103 grants the court authority to order the following types of relief on a temporary basis: 1. Spousal Support;. 2. Child Support: 3. Health ... Grounds for annulment of voidable marriages. 3306. Proceedings to determine marital status. 3307. Defenses. 3308. Action where defendant suffering from mental ... If there is issue of a civil marriage annulled on the ground of force or fraud, the court shall decree their custody to the innocent parent and may provide for ... Access to top quality Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff ... If you are legally separated, and decide you want to be divorced, you can file a motion with (ask) the court to amend your legal separation to change it to a ... This affidavit must be filled out by the person that serves the summons with notice or the summons and verified complaint on your spouse (the Defendant). You ... Provided, however, that when the plaintiff seeks a divorce on the ... supporting or the ability of the supporting spouse to pay the rehabilitative alimony.

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New Hampshire Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff