San Diego California Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Cohabitation By Dependent Spouse

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US-00003BG-I
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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 cohabitation by dependent 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.

A San Diego California Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Cohabitation By Dependent Spouse is a legal document filed in court by a defendant spouse who wishes to modify or eliminate the alimony provisions in a divorce decree due to the cohabitation of the dependent spouse. This affidavit provides detailed information and arguments supporting the request for amending or striking the alimony provisions. Keywords: San Diego, California, affidavit, defendant spouse, support, motion, amend, strike, alimony provisions, divorce decree, cohabitation, dependent spouse. In San Diego, California, there are various types of Affidavits of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Cohabitation By Dependent Spouse, including: 1. Permanent Cohabitation Affidavit: This affidavit is used when the defendant spouse has evidence to prove that the dependent spouse is in a long-term, ongoing cohabitation relationship with someone else. It highlights how this cohabitation impacts the need for continued alimony payments. 2. Financial Support Affidavit: This type of affidavit focuses on the financial aspects of the dependent spouse's cohabitation. It presents evidence that the dependent spouse is now receiving financial support from their cohabitation partner, which reduces or eliminates the need for alimony. 3. Unspecified Cohabitation Affidavit: When specific proof of cohabitation is unavailable or difficult to obtain, this affidavit asserts that the dependent spouse is indeed cohabiting, regardless of the lack of concrete evidence. It emphasizes the changes in the dependent spouse's living arrangements and increased financial stability as reasons to amend or strike alimony provisions. 4. Change in Circumstances Affidavit: In situations where the dependent spouse's cohabitation significantly affects both parties' financial situations, this affidavit highlights the change in circumstances. It presents evidence of increased expenses, decreased income, or other financial burdens resulting from the dependent spouse's cohabitation. 5. Supporting Documents Affidavit: This type of affidavit includes all relevant supporting documents, such as photographs, bills, rental agreements, or witness statements, to substantiate the claims made in the affidavit. These additional materials strengthen the defendant spouse's argument for amending or striking alimony provisions due to cohabitation. Remember, these are just examples of the possible types of affidavits that can be filed. The specific circumstances of each case will determine the most appropriate type of affidavit to use. It's crucial to consult with an attorney or legal professional for guidance and to ensure all necessary and relevant information is included in the affidavit.

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FAQ

Although I agree with the nuances mentioned by counsel on how a court can calculate alimony, the direct answer to your question is, No, the court may not go after your new wife's income/assets to increase your alimony.

In California, spousal support may be paid for up to half the length of a marriage that lasts 10 years or less. Unions that lasted longer than 10 years are considered 'long term,' and no specific duration will apply.

If you moved in with your boyfriend, no matter how short lived, your ex-husband's alimony obligation is automatically over. No court order is needed for him to stop paying because your divorce decree specifically provides for this situation.

Documents Required for Divorce with mutual consentMarriage Certificate.Address Proof - Husband and Wife.Four Photographs of Marriage.Income tax Statement of last 3 years.Details of profession and Income (Salary slips, appointment letter)Details of Property and Asset owned.Information about family (husband and wife)More items...

The court has some discretion on awarding spousal support, but the purpose of it is not to punish a spouse for his or her wrongdoing. So, from the court's view, dating another person while you are still married has no effect on spousal support.

In PA, Remarriage Can Impact Child Support Orders Because your new husband or wife isn't ordinarily responsible for paying child support for your children from a previous relationship.

Spousal maintenance does not automatically end on cohabitation of the recipient, although some court orders provide for this. Cohabitation is much more uncertain than marriage and cohabitants do not have the same financial claims against one another in the event of relationship breakdown.

Impact of Cohabitation on Alimony Under California law, there is a rebuttable presumption that alimony can be reduced, and possibly terminated when the supported spouse is cohabiting with someone else. (Cal. Fam. Code § 4323.)

Divorcing couples can agree to waive Family Code Section 4337 so that remarriage will not affect alimony. If your MSA states explicitly that your spouse's remarriage will not terminate spousal support, then you will still be on the hook for future support payments, even if your ex remarries.

A clean break means that you wish to end all financial ties or claims between you and your ex as soon as possible upon divorce. If you have a clean break, there will be no spousal maintenance to be paid. You can opt for a complete clean break which can include all capital, pension and income claims.

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Began to study positive laws blocking access to marriage as violations of this right. 434 U.S.. 374, 383-84 (1978).A defendant's perspective. She is facing what may be a major issue in her life: a criminal charge, a divorce, or a child custody matter. If he behaved very badly during the marriage and his spouse was a saint. Family law lawyer in the metropolitan Portland, Oregon, area for over 25 years. Fill out the form to access a sample of Practical Guidance.

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San Diego California Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Cohabitation By Dependent Spouse