Maricopa Arizona 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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Multi-State
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Maricopa
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US-00002BG-I
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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.

Maricopa Arizona 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 that plays a crucial role in divorce proceedings in Maricopa, Arizona. This affidavit allows the defendant spouse to support their plea to amend or strike the alimony provisions stated in the divorce decree in the event of the plaintiff's remarriage. The affidavit provides a platform for the defendant spouse to present their reasons, arguments, and evidence to the court, requesting a modification or termination of the alimony agreement. The purpose of this affidavit is to demonstrate the significant change in circumstances that has occurred due to the plaintiff's subsequent marriage. By invoking this affidavit, the defendant spouse acknowledges the impact the plaintiff's remarriage has on their financial situation and argues for equitable adjustments to the alimony terms. In the case of different types of Maricopa Arizona Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff, they might include: 1. Affidavit of Defendant Spouse: This is the general type of affidavit used when the defendant spouse wishes to file a motion to amend or strike alimony provisions of the divorce decree on the grounds of the plaintiff's remarriage. It typically comprises the necessary factual information, legal arguments, and supporting evidence. 2. Affidavit of Financial Hardship: In some cases, the defendant spouse may be facing financial hardship due to the plaintiff's remarriage. This type of affidavit focuses on detailing the adverse consequences the defendant spouse has endured, emphasizing the need for modifying or eliminating the alimony provisions. 3. Affidavit of Substantial Change in Circumstances: This type of affidavit highlights other significant changes in circumstances beyond financial hardship that have occurred following the plaintiff's remarriage. It can include factors such as changes in employment, health, or overall lifestyle, establishing a strong case for modifying or terminating alimony. It is important to consult with an attorney to understand the specific requirements and procedures for filing these affidavits in Maricopa, Arizona. Each case may have unique circumstances that could require additional documentation or supporting evidence to strengthen the defendant spouse's argument for modifying or striking alimony provisions in light of the plaintiff's remarriage.

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On the lower end, a spouse may receive $1,200 (15% of $8,000). On the higher end, a spouse may receive $2,000 (25% percent of $8,000). That means that the spouse would likely receive somewhere between $1,200 and $2,000 per month.

The amount is determined when the divorce is finalized, and is usually awarded to support the individual who was dependent on their spouse's income during the marriage. But, like many aspects of a divorce agreement, alimony can be adjusted under certain circumstances.

If the spouse paying alimony/maintenance earns more income after the award for permanent alimony/maintenance has been passed in the case then the wife receiving alimony/maintenance may make a petition addressing the court about the increase in the husband's income but she will have to prove her inability to maintain

Alimony cannot be changed, the court will not be able to change the amount of spousal maintenance. This process cannot be used to modify ARREARS (back payments). WARNING: If the order you want to change is not from this county, ask a lawyer about the requirements to file your Petition (Request) with this Court.

In Arizona, after the divorce has been granted it is possible to modify an existing divorce decree. The burden is on the person seeking to modify it.

Under A.R.S. § 25-508, recipient spouses who have not received owed spousal support payments can file a petition to enforce the orders with the court. After the petition is filed, a hearing will be scheduled.

If you have been ordered to pay spousal maintenance to your ex-spouse and you have lost your job or have become unemployed, you cannot simply stop making your maintenance payments. Instead, you must petition the court for a modification of your spousal maintenance order under A.R.S. 25-327.

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