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 With Spouse In Middlesex
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State:
Multi-State
County:
Middlesex
Control #:
US-00002BG-I
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FAQ
The person asking for alimony must show the court that he or she needs financial support, and that the other spouse has the ability to provide financial support.
California determines alimony based on the recipient's “marital standard of living,” which aims to allow the spouse to continue living in a similar manner as during the marriage.
You are not legally obligated to support her. If a divorce is filed the court could make alimony retroactive.
California Alimony California determines alimony based on the recipient's “marital standard of living,” which aims to allow the spouse to continue living in a similar manner as during the marriage.
The Lenght of a Marriage The duration of support payments typically depends on the length of the marriage. The longer the marriage, the better your chances of getting spousal support.
The Lenght of a Marriage The duration of support payments typically depends on the length of the marriage. The longer the marriage, the better your chances of getting spousal support.
If you are still living with your spouse or former spouse, alimony payments are not tax-deductible. You must make payments after physical separation for them to qualify as tax-deductible. Don't file a joint tax return. If you and your spouse file a joint income tax return, you can't deduct alimony payments.
To prove cohabitation, you will need to show that your ex is residing with another person, sharing household expenses and that they are holding themselves out as a couple. While the proof of sexual activity can be difficult to prove, it will generally be presumed when the other factors are proven.
In the state of California, the law presumes that living with someone else reduces your need for support. You will need to prove to a judge that you still need the same amount of alimony. Otherwise, it will be reduced or terminated.