Alimony Spouse Support With Spouse In Wake

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

Description

The Alimony Spouse Support with Spouse in Wake form is designed to assist defendants in court proceedings regarding alimony. It allows defendants to formally present evidence that the plaintiff, who is entitled to alimony, has remarried and is being supported by a new spouse. Key features of the form include the requirement to detail the final judgment provisions for alimony, the financial capabilities of the new spouse, and the assertion that no previous application for similar relief has been made. Filling instructions include completing the necessary personal details, providing relevant dates, and attaching any pertinent documents, such as the original judgment. Legal professionals, including attorneys, paralegals, and legal assistants, will find this form useful for advocating on behalf of clients navigating post-divorce financial obligations. The form serves as a structured approach to initiate discussions around amending or terminating alimony due to changes in circumstances. Additionally, this affidavit can enhance clarity and accuracy in legal filings, ensuring that all parties are properly informed.
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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

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.

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.

Alimony is usually around 40% of the paying party's income. This number is different in different states and different situations. The court also looks at how much the other party makes or could make and how much they need to maintain their standard of living.

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.

Format of the letter: introduce yourself, state how long you've known the person and in what capacity. Choose 2 to 3 reasons why you support them and write a brief paragraph on each. Close with a sentence reiterating your support.

Prove your spouse is cohabiting with someone else: If you can prove that your spouse is living with someone else, you may be able to get out of paying spousal support altogether. Likewise, if you can show that your spouse can earn a reasonable living, you may be able to have your alimony payments reduced or eliminated.

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Alimony Spouse Support With Spouse In Wake