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 San Diego
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State:
Multi-State
County:
San Diego
Control #:
US-00002BG-I
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FAQ
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.
Request to Establish, Modify or Terminate Spousal Support Garnishment Order Prepare Your Paperwork. A request for order sets a hearing with your judicial officer to request an order in your case. File with the Family Law Business Office. Have Your Paperwork Served. Appear at Your Hearing.
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.
Under California law, for the most part, a new spouse's income is not used in the calculation for child support. It may only be considered when not doing so would cause extreme and severe hardship to the child involved. Usually, the calculation is made strictly using the parents' gross income.
Both parents have the legal duty to provide financial support for their child whether they are married, divorced, or even live with their children. The court may order either or both parents to make regular payments to cover a child's living and medical expenses.
In California, child support is typically the responsibility of the biological or legal parents of the child. This means that you generally cannot pursue child support from your ex-husband's new wife, as she is not the child's biological or legal parent.
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.
Courts also count health insurance, other medical expenses, daycare costs, school expenses, and other special needs when evaluating the responsibilities of both parents regarding child support. Courts do not directly consider the income of a new spouse when assessing child support obligations.
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.
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.