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 Child In Middlesex
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State:
Multi-State
County:
Middlesex
Control #:
US-00002BG-I
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FAQ
A: Alimony can be suspended or terminated in the event that the recipient is cohabitating with someone in a relationship akin to marriage. These are complex cases that require a careful approach. Your brother should have a consultation with a qualified matrimonial attorney immediately.
Child support is never deductible and isn't considered income. Additionally, if a divorce or separation instrument provides for alimony and child support, and the payer spouse pays less than the total required, the payments apply to child support first. Only the remaining amount is considered alimony.
Except for reimbursement alimony or unusual circumstances, the amount of alimony should generally be no more than the receiving spouse needs or 30–35 percent of the difference between the parties' gross incomes when the order is issued.
A parent, not a stepparent, has the primary duty to support his or her child. However, either parent's remarriage may still affect child support obligations. A new spouse's income and assets are relevant to a parent's ability to provide support.
The Massachusetts Supreme Judicial Court took a novel approach and determined that the alimony law and the child support guidelines allow the court to consider awarding both alimony and child support based on the same income.
After a divorce, it's common for one spouse to make payments to the other as part of the divorce agreement. These payments can be alimony, child support or a mix of both.