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.
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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State:
Multi-State
Control #:
US-00004BG-I
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Word;
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Description Affidavit Support Form
Free preview Motion To Strike Form
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The amount should be decided by both parties. Some common ways of calculating spousal support are to take up to 40% of the paying spouse's net income (post-child support), less 50% of the amount of the supported spouse's net income (if he or she is working). Spousal support can be waived by the recipient spouse.
In California, it can be described that spousal support calculations are based on net income.
The guideline states that the paying spouse's support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse's net monthly income. If child support is an issue, spousal support is calculated after child support is calculated.
In California, it can be described that spousal support calculations are based on net income.
Many states use the Uniform Marriage and Divorce Act as a basis in determining spousal support matters. This Act suggests that courts consider such factors as the spouses' age, physical health, emotional wellbeing and financial condition. The length of the marriage is typically considered with this Act and state laws.
A judge will assess if one spouse has a demonstrated financial need and if the other spouse has the ability to pay alimony. Alimony is generally awarded in cases where the spouses have very unequal earning power and have been married a long time.
Generally, for short-term marriages (under ten years), permanent alimony lasts no longer than half the length of the marriage, with marriage defined as the time between the date of marriage and the date of separation. So, if your marriage lasted eight years, you may expect to pay or receive alimony for four years.
The formula for the calculation of spousal support is 40% of the difference between the parties' net incomes without dependent children and 30% with dependent children.