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.
Title: Understanding the New Mexico 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 Keywords: New Mexico affidavit, Defendant Spouse, alimony provisions, motion to amend, motion to strike, divorce decree, changed financial condition Introduction: The New Mexico 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 an important legal document filed by the defendant spouse seeking modifications to alimony terms in a divorce decree. This article aims to provide a detailed description of this affidavit and highlight its types and significance in New Mexico family law. 1. Overview of the New Mexico Affidavit of Defendant Spouse: The New Mexico 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 sworn statement filed with the court by the defendant spouse. It serves as a formal request to amend or strike the alimony provisions in the existing divorce decree due to a significant change in the financial situation of the spouse who provides financial support, known as the obliged spouse. 2. Purpose of the Affidavit: This document enables the defendant spouse to present evidence supporting the need for modification or termination of alimony payments. The purpose is to demonstrate that the financial circumstances of the obliged spouse have changed substantially since the initial divorce decree, making the original alimony provisions unfair or inappropriate. 3. Filing a Motion to Amend or Strike Alimony Provisions: To initiate the process, the defendant spouse, with the assistance of their attorney, prepares the New Mexico Affidavit of Defendant Spouse. The affidavit should outline all relevant information regarding the changed financial condition, such as loss of income, reduced earning capacity, medical expenses, or other significant factors impacting the ability to meet alimony obligations. 4. Types of New Mexico Affidavit of Defendant Spouse: a. Motion to Amend: This type of affidavit focuses on modifying the existing alimony provisions, seeking adjustments in the payment amount, duration, or both. b. Motion to Strike: This type of affidavit looks to completely eliminate the alimony obligations, arguing that the changed financial condition warrants termination of support payments. 5. Supporting Evidence: To strengthen the motion, it is crucial to provide supporting documentation that validates the claims made in the affidavit. This may include income statements, tax returns, medical records, bank statements, proof of job loss, or any other evidence that demonstrates the financial change and its impact. Conclusion: The New Mexico 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 plays a vital role in seeking modifications to alimony terms in divorce cases. It allows the defendant spouse to present a compelling argument for reevaluating the original alimony provisions due to significant changes in their financial circumstances. By filing this affidavit, the defendant spouse pursues a fair and just resolution for both parties involved in the divorce decree.
