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.
A Cook Illinois 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 is a legal document that allows the defendant spouse in a divorce case to request a modification or removal of alimony provisions in the divorce decree. This affidavit is specific to cases in Cook County, Illinois. When a divorce decree is initially issued, the court may order one spouse (known as the obliged spouse) to pay alimony or spousal support to the other spouse (known as to oblige espouse). However, situations may arise where the obliged spouse experiences a significant change in their financial condition that makes the original alimony provisions unfair or burdensome. In such cases, the defendant spouse can file an affidavit with the court, supporting their motion to amend or strike the alimony provisions. The Cook Illinois 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 typically includes the following sections: 1. Caption: The document begins with the title "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" along with the case number and court information. 2. Introduction: The affidavit starts with a declaration that the person signing the affidavit is the defendant spouse and provides their name, address, and other contact information. It also states their relationship to the case and acknowledges that the affidavit is made under oath and penalty of perjury. 3. Background: This section provides a brief overview of the divorce case, including the date the divorce decree was entered and specific references to the alimony provisions being contested. 4. Circumstances of Financial Change: Here, the affidavit outlines in detail the specific changed financial circumstances of the obliged spouse that justify the modification or removal of the alimony provisions. This could include factors such as job loss, health issues affecting income potential, reduced earning capacity, retirement, or a significant increase in to oblige espouses income. 5. Financial Documentation: The affidavit should include supporting documents and exhibits that validate the defendant spouse's financial claims. These could include recent income tax returns, pay stubs, bank statements, credit card statements, retirement account statements, medical bills, or any other relevant financial records. 6. Request for Relief: This section clearly states the defendant spouse's request to amend or strike the alimony provisions of the divorce decree based on the changed financial condition. The defendant spouse may specify the desired modification, such as a reduction in alimony amount or termination of alimony altogether. 7. Signature and Notarization: The affidavit concludes with the defendant spouse's signature, along with the date and place of signing. It should also include a notary acknowledgment, affirming that the affidavit was signed and sworn before a notary public. By using a Cook Illinois 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, the defendant spouse can provide a compelling case to the court regarding their need for alimony modification or removal based on a genuine change in their financial circumstances.
