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.
Alimony Spouse Support For Abusive In Alameda
Category:
State:
Multi-State
County:
Alameda
Control #:
US-00002BG-I
Format:
Word;
PDF;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
Proving Emotional Abuse in a Child Custody Case Texts, messages or emails. Character witnesses. Eyewitness accounts. Photographs. Video recordings. Medical or psychiatric records. Information from the child's school or teachers. Police or incident reports.
In the context of divorce law, verbal abuse is recognized as a pattern of behavior that can include belittling, threats, constant criticism, and more, aimed at controlling or hurting the other spouse.
In many cases, emotional abuse can factor in when a final divorce deal is reached. Things like child custody, visitation schedules, and property division can all be decided with an emotionally abusive partner's behavior in mind.
Although proving emotional abuse can be more difficult than proving physical abuse, there are a few ways to provide evidence, including the following: Record video or audio, capturing incidents of emotional abuse.
Alameda and Contra Costa counties have adopted the “Alameda Guideline” formula. The guideline states that the paying spouse's support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse's net monthly income.
Misconduct: Certain behaviors can also lead to the disqualification of alimony. For instance, if a spouse is found to have engaged in financial misconduct, such as hiding assets or failing to disclose financial information during the divorce proceedings, this can result in disqualification.
Since the goal is to protect mutual standards of living, if your ex remarries or finds themselves once again in a steady double-income household, you may no longer be required to maintain or begin alimony payments.
The guideline states that the paying spouse's support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse's net monthly income. If child support is an issue, spousal support is calculated after child support is calculated.
The key factors analyzed in an alimony decision are each spouse's income, ability to earn and standards of living established during the marriage. If there is a history of violence, abuse or certain criminal convictions, however, this could bar a spouse from receiving alimony payments under California law.
The courts in many California counties use a formula as a guideline for calculating the amount of temporary spousal support. These guidelines vary, but one common formula for the monthly amount of support is 40% of the high earner's net monthly income minus 50% of the low earner's net monthly income.