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 Clark
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State:
Multi-State
County:
Clark
Control #:
US-00002BG-I
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Word;
PDF;
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FAQ
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.
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.
In terms of how much either spouse is entitled to, the general rule is to divide pension benefits earned during the course of the marriage right down the middle. Though that means your spouse would be able to claim half your pension, they are limited to what was earned during the course of the marriage.
You do not forfeit your portion of your ex-husband's military pension because you get remarried. Pension monies are part of equitable distribution (the division of the assets and debts of the marriage), and have nothing to do with your getting remarried. Alimony, however, is different.
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.
