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New York 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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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 New York Affidavit of Defendant Spouse plays a crucial role in seeking a motion to amend or strike alimony provisions of a divorce decree due to the changed financial condition of the obliged spouse. This legal document is designed to support the defendant spouse's argument for an alteration in the alimony arrangement based on the obliged spouse's financial circumstances. In New York, there are various types of affidavits that can be utilized in support of such a motion, depending on the specific grounds for the request. Some key keywords and phrases relevant to this topic could include: 1. Affidavit of Defendant Spouse: This is the primary document wherein the defendant spouse provides their written statement, under oath, outlining the reasons for seeking a modification or removal of alimony provisions due to the change in the obliged spouse's financial condition. 2. Alimony Provisions: This refers to the specific terms relating to spousal support as outlined in the original divorce decree. These provisions typically encompass the amount, duration, and terms of payment, which may now be deemed inappropriate or unfair due to the obliged spouse's altered financial circumstances. 3. Motion to Amend or Strike: This emphasizes the legal action being taken by the defendant spouse to seek a change in the alimony provisions. The motion aims to persuade the court that modifying or eliminating the existing terms is necessary and appropriate based on the obliged spouse's changed financial condition. 4. Obliged Spouse: This refers to the spouse who is obligated to pay alimony, as agreed upon in the initial divorce decree. The defendant spouse's affidavit would need to present evidence of this obliged spouse's financial circumstances that have significantly changed, making the current alimony provisions unreasonable or burdensome. 5. Changed Financial Condition: This crucial phrase highlights the primary reason behind the motion. The defendant spouse must demonstrate through evidence and relevant financial details that the obliged spouse's economic situation has significantly improved or deteriorated, thereby warranting a modification or striking of the alimony provisions. 6. Divorce Decree: This is the final court document that formally terminates a marriage, setting forth the legal obligations and rights of both parties, including alimony provisions. The defendant spouse's affidavit will challenge specific clauses within this decree, pleading for their amendment or removal due to the obliged spouse's changed financial condition. By incorporating these keywords and their related concepts, a detailed description of the New York 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 can be accomplished. It is vital to consult with a qualified attorney to ensure all necessary legal requirements and procedures are followed when preparing such an affidavit.

The New York Affidavit of Defendant Spouse plays a crucial role in seeking a motion to amend or strike alimony provisions of a divorce decree due to the changed financial condition of the obliged spouse. This legal document is designed to support the defendant spouse's argument for an alteration in the alimony arrangement based on the obliged spouse's financial circumstances. In New York, there are various types of affidavits that can be utilized in support of such a motion, depending on the specific grounds for the request. Some key keywords and phrases relevant to this topic could include: 1. Affidavit of Defendant Spouse: This is the primary document wherein the defendant spouse provides their written statement, under oath, outlining the reasons for seeking a modification or removal of alimony provisions due to the change in the obliged spouse's financial condition. 2. Alimony Provisions: This refers to the specific terms relating to spousal support as outlined in the original divorce decree. These provisions typically encompass the amount, duration, and terms of payment, which may now be deemed inappropriate or unfair due to the obliged spouse's altered financial circumstances. 3. Motion to Amend or Strike: This emphasizes the legal action being taken by the defendant spouse to seek a change in the alimony provisions. The motion aims to persuade the court that modifying or eliminating the existing terms is necessary and appropriate based on the obliged spouse's changed financial condition. 4. Obliged Spouse: This refers to the spouse who is obligated to pay alimony, as agreed upon in the initial divorce decree. The defendant spouse's affidavit would need to present evidence of this obliged spouse's financial circumstances that have significantly changed, making the current alimony provisions unreasonable or burdensome. 5. Changed Financial Condition: This crucial phrase highlights the primary reason behind the motion. The defendant spouse must demonstrate through evidence and relevant financial details that the obliged spouse's economic situation has significantly improved or deteriorated, thereby warranting a modification or striking of the alimony provisions. 6. Divorce Decree: This is the final court document that formally terminates a marriage, setting forth the legal obligations and rights of both parties, including alimony provisions. The defendant spouse's affidavit will challenge specific clauses within this decree, pleading for their amendment or removal due to the obliged spouse's changed financial condition. By incorporating these keywords and their related concepts, a detailed description of the New York 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 can be accomplished. It is vital to consult with a qualified attorney to ensure all necessary legal requirements and procedures are followed when preparing such an affidavit.

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How to fill out New York 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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In a NYC divorce, the wife is entitled to equitable distribution ? with is an allocation of marital assets, and depending on the case she may be entitled to spousal support (commonly called maintenance or alimony), child support, payment for attorney's fees, a share of her husband's pension and retirement accounts, ...

New York's equitable distribution law specifies that you are entitled to a division of all ?marital property? assets that were acquired during the marriage. With few exceptions, marital property generally includes both spouses' income, purchases made with that income, and retirement benefits.

To change the terms of a divorce decree in New York, you are required to demonstrate to the court that you have experienced a substantial change in circumstances. This change in circumstances must be so significant that there is reasonable justification for the court to revise its original ruling.

New York courts must divide the marital property ?equitably.? That means fairly, considering the circumstances of the case and of the parties involved, but it does not necessarily mean ?equally.? There is no statutory requirement of a 50/50 split of marital property.

Under New York's equitable distribution laws, only your ?marital property? will be divided during a divorce in NY. This means that you and your spouse will get to keep any separate property that was brought into the marriage.

The court will consider reopening a divorce settlement only in exceptional cases either where a spouse has failed to provide full and frank disclosure about their wealth and income in divorce proceedings or there has been a material change in a spouse's circumstances since the agreement was reached.

If you were served with the Summons and Verified Complaint, then you need to file two forms. A "Notice of Appearance and Demand," and an "Answer." Writing an "Answer" is tricky. You may be able to file a letter along with your Notice of Appearance that explains why you need more time to write your Answer.

Home » How Long Should I Be Married To Receive Alimony In New York? There is no timeframe on that. The statute is phrased that the longer you are married, the longer the presumptive duration of maintenance that you may be entitled to claim.

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There are two requirements that must be met before you can file for a divorce in New York State: 1. You must satisfy the residency requirements as set forth in ... All economic issues of equitable distribution of marital property, the payment or waiver of spousal support, the payment of child support, the payment of ...In absence of divorce, husband has primary obligation of paying for support, medical care and burial of wife, and person advancing money for those purposes can ... This brochure consolidates all of the information that my office can legally provide to the public. If you choose to represent yourself, ... A motion to vacate a decree or strike a judgment alleged to be void because ... the divorced spouse under an order of support against the former spouse. 23c4366s. Filing a Motion: If you need to change or enforce the court order in your divorce, you must file a motion with the same court that issued the court order. Divorce, legal separation, custody, visitation rights, termination of parental rights, adoption, support, alimony, division of marital property, and change of ... 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 ... Sep 1, 2021 — Use it as a guide when filling out the actual Forms. ) B. New York State Case Registry Filing Form with Instructions attached. C. Notice of ... The provision is amended only to establish the priority of collecting child support before spousal support in cases where the maximum amount of income which can ...

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New York 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