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 Child In Riverside
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State:
Multi-State
County:
Riverside
Control #:
US-00002BG-I
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FAQ
Since the goal is to protect mutual standards of living, if your ex remarries or finds themselves once again in a steady double-income household, you may no longer be required to maintain or begin alimony payments.
Specifically in California, disqualification might result from several key factors. One such factor is a significant change in the financial status of the recipient spouse, such as acquiring a new job or receiving an inheritance, which could render them financially independent and no longer in need of support.
Misconduct: Certain behaviors can also lead to the disqualification of alimony. For instance, if a spouse is found to have engaged in financial misconduct, such as hiding assets or failing to disclose financial information during the divorce proceedings, this can result in disqualification.
A: In California, judges consider various factors when determining whether to award spousal support, including the duration of the marriage, each spouse's earning capacity and needs, and the standard of living established during the marriage.
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.
The guideline states that the paying spouse's support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse's net monthly income. If child support is an issue, spousal support is calculated after child support is calculated.
If both spouses are self-supporting at or above the marital standard of living, the recipient has committed domestic violence against the paying spouse, or the recipient accept a buyout, you may be able to avoid paying spousal support in California.
Support can end when: You agree in writing about the date it will end and the court signs off on the agreement. The court orders that it ends. The supported spouse remarries. Either spouse dies.