Wake North Carolina Affidavit by Obligor Spouse on Application to Modify Order for Alimony

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Multi-State
County:
Wake
Control #:
US-00005BG-I
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Description

This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the grounds that since this order was made, the conditions and circumstances on which the order was based have materially changed. 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.


Wake North Carolina Affidavit by Obliged Spouse on Application to Modify Order for Alimony is a legal document used in Wake County, North Carolina, in cases where an obliged spouse seeks to modify an existing order for alimony payments. This affidavit is crucial for providing evidence and supporting arguments for the modification application. Keywords: Wake North Carolina, Affidavit, Obliged Spouse, Application, Modify Order, Alimony. The Wake North Carolina Affidavit by Obliged Spouse on Application to Modify Order for Alimony can vary depending on the specific circumstances and grounds of the modification request. Common types of modify orders for alimony affidavits in Wake County may include: 1. Financial Hardship Affidavit: This affidavit is submitted when the obliged spouse experiences a significant change in financial circumstances, such as loss of income, unemployment, disability, or substantial reduction in earnings. The affidavit would provide detailed information about the change, including supporting documents like pay stubs, bank statements, and tax returns. 2. Change in Income Affidavit: This affidavit is utilized when the obliged spouse's income has significantly increased or decreased since the initial alimony order. It would outline the reasons for the change in income and provide financial documentation to validate the claim. 3. Cohabitation Affidavit: In situations where the recipient of alimony cohabitants with another person in a conjugal relationship, the obliged spouse may file this affidavit to request a modification or termination of alimony. The affidavit would present evidence of the cohabitation, such as photographs, sworn statements, or utility bills. 4. Medical Condition Affidavit: When the obliged spouse experiences a severe medical condition or disability that affects their ability to pay alimony, this affidavit can be submitted. Medical records, doctor's statements, and other relevant documents would accompany this affidavit to support the claim. 5. Retirement Affidavit: If the obliged spouse reaches retirement age and their income is substantially reduced, they can submit this affidavit to modify the alimony order accordingly. The affidavit would present evidence of retirement, such as pension or social security statements. It is essential to consult with a knowledgeable attorney in Wake County, North Carolina, to determine the specific type of affidavit required based on the circumstances of the request to modify the order for alimony. This legal professional can guide you through the process, ensure the appropriate affidavit is filed accurately, and increase the chances of a successful modification application.

Wake North Carolina Affidavit by Obliged Spouse on Application to Modify Order for Alimony is a legal document used in Wake County, North Carolina, in cases where an obliged spouse seeks to modify an existing order for alimony payments. This affidavit is crucial for providing evidence and supporting arguments for the modification application. Keywords: Wake North Carolina, Affidavit, Obliged Spouse, Application, Modify Order, Alimony. The Wake North Carolina Affidavit by Obliged Spouse on Application to Modify Order for Alimony can vary depending on the specific circumstances and grounds of the modification request. Common types of modify orders for alimony affidavits in Wake County may include: 1. Financial Hardship Affidavit: This affidavit is submitted when the obliged spouse experiences a significant change in financial circumstances, such as loss of income, unemployment, disability, or substantial reduction in earnings. The affidavit would provide detailed information about the change, including supporting documents like pay stubs, bank statements, and tax returns. 2. Change in Income Affidavit: This affidavit is utilized when the obliged spouse's income has significantly increased or decreased since the initial alimony order. It would outline the reasons for the change in income and provide financial documentation to validate the claim. 3. Cohabitation Affidavit: In situations where the recipient of alimony cohabitants with another person in a conjugal relationship, the obliged spouse may file this affidavit to request a modification or termination of alimony. The affidavit would present evidence of the cohabitation, such as photographs, sworn statements, or utility bills. 4. Medical Condition Affidavit: When the obliged spouse experiences a severe medical condition or disability that affects their ability to pay alimony, this affidavit can be submitted. Medical records, doctor's statements, and other relevant documents would accompany this affidavit to support the claim. 5. Retirement Affidavit: If the obliged spouse reaches retirement age and their income is substantially reduced, they can submit this affidavit to modify the alimony order accordingly. The affidavit would present evidence of retirement, such as pension or social security statements. It is essential to consult with a knowledgeable attorney in Wake County, North Carolina, to determine the specific type of affidavit required based on the circumstances of the request to modify the order for alimony. This legal professional can guide you through the process, ensure the appropriate affidavit is filed accurately, and increase the chances of a successful modification application.

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FAQ

The easiest way to seek a modification of orders is for both parties to agree on the proposed change. If the parties cannot reach an agreement, and one party really wants a modification, the matter heads to court. The person requesting the change(s) must petition the court to reopen the case.

The only way to completely avoid the possibility of alimony in MA is to never get married in the first place. A prenuptial agreement also provides some protection and can substantially reduce your risk. However, if you're married without a prenuptial agreement, alimony is a possibility.

Under the new law, the amount of alimony can be between 30-35% of the payor's income. The duration of the alimony obligation depends on the length of the marriage (see table below).

The handing down of judgment in your favour is usually cause for celebration. In most cases such celebration is entirely appropriate. However, it might be premature, as until the final order following judgment is perfected by the court (by its being sealed) a judge is entitled to change his (or her) mind.

Child support may end when a child reaches the age of emancipation. In New Jersey, the age of emancipation is typically 19 years old.

The Application/Cross Application to Modify a Court Order is a written request in which you ask the court to change or enforce an existing court order. The court will change an order only if important facts or circumstances have changed from the time the order was issued.

The IV-D Application is an application to receive child support services from the Child Support Enforcement Agency for parents who are not receiving TANF or Medicaid. After you submit the application the Child Support Enforcement Agency can assist you in providing the following services: 2022 Location of Absent Parents.

To change or enforce your FV order, contact the Family Court in the county where your case was last heard. What deadlines do you need to meet? You must tell the other party in writing when you are requesting the motion be heard by the court. That notice must include the time and date of the scheduled motion hearing.

If child custody is part of a court order, the parent seeking modification needs to file a motion to modify the custody order with the court. The parents can, of course, agree on a modification and submit it to the judge for approval. This is commonly referred to as a consent order and is often the best approach.

The person paying alimony or the person receiving alimony can ask for a change in alimony, or you can both ask together. If you and your spouse both agree that you'd like to change your alimony, you should file a Joint Petition. You'll need to file: Joint Petition/Motion to Change a Judgment/Temporary Order (CJD 124)

More info

Like divorce, child support, or custody, your case belongs in Circuit Court. Spousal support (alimony); temporary time-sharing schedule with minor child(ren); temporary child support; and other relief.Below is a complete list of all Domestic instructions and forms. SUPPORT: In all actions for divorce or legal separation each party shall file a completed financial affidavit on. Both Parties Agree to Make a Change in the Separation Agreement . You'll find resources for alimony, child custody, property, and general divorce concerns listed below. Certified child support court order that lists child support arrears. The order must have been issued in the last 2 years.

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Wake North Carolina Affidavit by Obligor Spouse on Application to Modify Order for Alimony