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.
An affidavit is a legal document that contains factual information and is used in court proceedings to support a motion or claim. In the case of a divorce decree, an Oakland Michigan Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff specifically pertains to the spousal support (alimony) provisions within the divorce decree when the plaintiff remarries. In this affidavit, the defendant spouse provides a detailed description of why they believe the alimony provisions should be amended or struck due to the remarriage of the plaintiff. The content of this affidavit should include relevant information and arguments based on Oakland Michigan laws and case precedents. The affidavit should address the following key points: 1. Identifying Information: The opening section should state the full name, contact details, and relationship to the case of the defendant spouse. 2. Background: Provide a brief overview of the divorce case, including the court where the divorce decree was issued, the date of the decree, and the relevant details of the spousal support provisions. 3. Plaintiff's Remarriage: Explain that the plaintiff has remarried and provide the necessary information, such as the date of the marriage and the identity of the new spouse. 4. Change in Financial Status: Describe how the plaintiff's remarriage has impacted their financial situation, focusing on their newfound financial support from their new spouse. Include details about the new spouse's income, assets, and ability to support the plaintiff. 5. Legal Basis: Explain the legal grounds for seeking an amendment or striking of the alimony provisions under Oakland Michigan law. Discuss relevant statutes, case law, or legal principles that support the defendant spouse's argument. 6. Impact on Defendant Spouse: Detail how the continuation of alimony payments may cause financial hardship for the defendant spouse. Provide evidence of any changes in the defendant spouse's financial circumstances, such as decreased income, increased expenses, or other factors affecting their ability to pay alimony. 7. Supporting Evidence: Attach relevant documents as exhibits to the affidavit, such as financial records, bank statements, tax returns, marriage certificates, or any other supporting evidence to substantiate the claims made within the affidavit. Remember to consult with an attorney familiar with Oakland Michigan family law to ensure compliance with specific local rules and requirements.
