Alimony Spouse Support For Disabled In North Carolina

State:
Multi-State
Control #:
US-00002BG-I
Format:
Word; 
PDF; 
Rich Text
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Description

The Affidavit of Defendant is a legal document used in North Carolina concerning alimony spouse support for disabled individuals. This form enables the defendant in a divorce case to formally assert changes in circumstances that may affect alimony provisions, particularly when the plaintiff has remarried. Key features include sections for stating the grounds for alimony modification, such as the remarriage of the plaintiff and their financial stability with a new spouse. The form must be completed with specific details, including names, dates, and accompanying evidence like a copy of the final divorce judgment. Filling out this form requires attention to detail to ensure accurate representation of facts and legal grounds. This document is particularly beneficial for attorneys, partners, owners, associates, paralegals, and legal assistants involved in family law cases. They can use the affidavit to facilitate discussions around modifying alimony support based on updated circumstances. Additionally, it provides a structured approach to present the defendant's case in court, ensuring all necessary elements are included for legal proceedings. Moreover, this form serves as a record of service to the opposing party, bolstering compliance and transparency in legal processes.
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  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff
  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff

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FAQ

In short , yes you can divorce a disabled person. If disability is part of the basis for divorce then you'll have to prove why this is the basis for the marriage to end. Additional Note: I have approached this question from a secular, legal argument position.

Adultery. Abandonment. Reckless spending, such as gambling assets. Physical, emotional, or verbal abuse.

To qualify for alimony in North Carolina, a spouse must: Be a dependent spouse, with an income disparity, and dependent on the other spouse for maintenance and support. Not have committed infidelity during the marriage. Prove that an award of alimony is equitable under the factors considered by the court.

A divorce can proceed with a disabled spouse as long as someone is named as guardian of the disabled spouse who can negotiate on their behalf. Property Division: In most cases, the division of property, assets, and debts remains the same whether a spouse is disabled or not.

Individual Benefits: If you are receiving SSDI based on your own work record, your benefits will not change after divorce. You will continue to receive the same amount you were receiving prior to the divorce.

The amount of Disabled Divorced Spouse Benefits is based on your ex-spouse's earnings record. Generally, you can receive a percentage of your ex-spouses' primary insurance amount, which is the benefit they are entitled to at full retirement age.

Adultery. Abandonment. Reckless spending, such as gambling assets. Physical, emotional, or verbal abuse.

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Alimony Spouse Support For Disabled In North Carolina