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 Military In Bexar
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State:
Multi-State
County:
Bexar
Control #:
US-00002BG-I
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FAQ
Military spouses do some special rights; they cannot be divorced without the opportunity to appear in court, even if it delays procedures, unless they agree to do so, if there is verification from their command that they are deployed or stationed abroad and cannot attend the hearing at this time.
BAH is nontaxable income which will be included in this formula to determine child or temporary spousal support. Note that, while not discussed here, BAH is not a divisible asset subject to community property laws in California.
Some bases for excusal of a Soldier's support requirement may be that (1) the Soldier has supported the spouse for 18 months after separation (but note that this provision for excusal does not apply to child support), (2) the income of the spouse exceeds the income of the Soldier, (3) the Soldier is a victim of ...
The Servicemember's Civil Relief Act (SCRA) prevents a spouse from divorcing (or finalizing divorce proceedings) while a service member (SM) is deployed. The spouse can only file for divorce while a SM is deployed.
Texas courts only order permanent spousal support in cases where a spouse or child is disabled. A couple can agree to spousal support lasting longer than 10 years as part of a settlement. In most cases, courts limit the timeframe based on how long the marriage lasted: 10-20 years – no more than 5 years.
The court-ordered monthly amount of spousal maintenance can be at most $5,000 or 20% of the paying spouse's average monthly gross income, and whichever is lower of those two.
In Texas, some things can disqualify you from spousal support. These include: Cohabitation: If you live with someone else in a marriage-like relationship, you may be disqualified for spousal support. Remarriage: If you remarry before your spousal support obligation ends, you may be disqualified for further payments.
Spousal Support awards in Texas are not automatic. Texas is a community property state. The court will look to see is the financially vulnerable spouse will be able to meet their minimum reasonable needs after a just and right division of the community estate.