Alimony Spouse Support For Military In Wake

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

The Alimony Spouse Support for Military in Wake form serves as a legal document used by defendants seeking to modify alimony provisions following a change in circumstances, such as the remarriage of the ex-spouse. This form is essential for military personnel who may face unique challenges in family law, ensuring their financial responsibilities are reassessed when the recipient of alimony has entered a new marriage. Key features of the form include spaces for detailing the terms of the final divorce judgment, specific claims about the financial stability of the plaintiff's new partner, and a certification of service confirming that all parties have received copies of the affidavit. Filling out the form requires careful attention to the dates and particulars surrounding the divorce judgment and subsequent events. It is particularly relevant for attorneys, partners, owners, associates, paralegals, and legal assistants within the legal field, as they help clients navigate the complexities of family law and ensure that all procedural requirements are met. This form not only aids in communicating essential information to the court but also reinforces the legal rights and responsibilities of all involved parties.
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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

20/20/20 Benefits to Former Spouses A former spouse who was married to a military member for at least 20 years overlapping the military service qualifies for medical benefits (but not dental), plus certain other benefits set forth below.

Bottom Line. Getting remarried will not affect your accrued retirement or disability benefits under Social Security. However, if you receive divorce of survivor's benefits, there is a good chance that remarriage will affect those payments.

BAH is nontaxable income which will be included in this formula to determine child or temporary spousal support. Note that, while not discussed here, BAH is not a divisible asset subject to community property laws in California.

MILITARY RETIREMENT PAYMENTS TO FORMER SPOUSE ARE NOT ALIMONY BUT ARE WAGES SUBJECT TO WITHHOLDING.

BAH is nontaxable income which will be included in this formula to determine child or temporary spousal support. Note that, while not discussed here, BAH is not a divisible asset subject to community property laws in California.

Some bases for excusal of a Soldier's support requirement may be that (1) the Soldier has supported the spouse for 18 months after separation (but note that this provision for excusal does not apply to child support), (2) the income of the spouse exceeds the income of the Soldier, (3) the Soldier is a victim of ...

BAH is nontaxable income which will be included in this formula to determine child or temporary spousal support. Note that, while not discussed here, BAH is not a divisible asset subject to community property laws in California.

Military spouses do some special rights; they cannot be divorced without the opportunity to appear in court, even if it delays procedures, unless they agree to do so, if there is verification from their command that they are deployed or stationed abroad and cannot attend the hearing at this time.

The Servicemember's Civil Relief Act (SCRA) prevents a spouse from divorcing (or finalizing divorce proceedings) while a service member (SM) is deployed. The spouse can only file for divorce while a SM is deployed.

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Alimony Spouse Support For Military In Wake