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 Bronx
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Multi-State
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Bronx
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US-00002BG-I
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FAQ
How a military pension will be divided after divorce is largely determined by state laws, but federal restrictions come into play. Typically, no more than 50% of the value of a military pension can be awarded to a former spouse of a retired service member.
Typically, the judge will take 20% of the lower-earning spouse's income and subtract that number from 30% of the higher-earning spouse's income. For example, one spouse makes $100,000, and the other makes $20,000. Thirty percent of $100,000 is $30,000, and 20% of $20,000 is $4,000.
These benefits, in addition to possibly 50 percent of the retired pension, include full commissary and exchange privileges and full medical benefits under the TRICARE system. These benefits remain for the life of the former spouse, or the Servicemember, or until the former spouse remarries.
Typically, the judge will take 20% of the lower-earning spouse's income and subtract that number from 30% of the higher-earning spouse's income. For example, one spouse makes $100,000, and the other makes $20,000. Thirty percent of $100,000 is $30,000, and 20% of $20,000 is $4,000.
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.
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.
You are receiving BAH as an entitlement based on your marital status. Your entitlement ceases at the moment the divorce is approved, unless an exception is made as approved by your appropriate level commander. Being a government entity, it unfortunately does not adjust entitlements based on choice.
Length of the marriage — a longer marriage can mean a greater award, particularly if the receiving spouse stayed at home and raised the children. Age and health of both parties — if a receiving spouse is in poor health or of advanced age, the award can be affected. Present and future earning capacity of both parties.
Typically, the judge will take 20% of the lower-earning spouse's income and subtract that number from 30% of the higher-earning spouse's income. For example, one spouse makes $100,000, and the other makes $20,000. Thirty percent of $100,000 is $30,000, and 20% of $20,000 is $4,000.
You can get Spousal Support through Family Court. A Support Magistrate will handle your case – not a Judge. Support Magistrates only hear Child Support and Spousal Support cases. It isn't necessary for you to have a lawyer in Family Court, but you can get one if you want.