This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent 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.
Spousal Support Form For Parents In Nassau
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State:
Multi-State
County:
Nassau
Control #:
US-00003BG-I
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FAQ
While waiving spousal support is legally acceptable in New York, the agreement should not be "unconscionable", meaning grossly unfair. Courts will examine the fairness of the agreement at the time it's enforced, not just when it's signed.
In New York State a married person may be legally responsible to provide for the support of his or her spouse during their marriage, if that spouse lacks sufficient income or assets to provide for his or her own reasonable needs.
In New York State a married person may be legally responsible to provide for the support of his or her spouse during their marriage, if that spouse lacks sufficient income or assets to provide for his or her own reasonable needs.
Child support and spousal support are handled in Family Court. Parents must financially support their child until the child turns 21 years old or is emancipated. You can go to Family Court for a court order for child support from the other parent.
The best way to avoid paying alimony in the event of a divorce is to sign a prenuptial or postnuptial agreement. These agreements, once seen as unromantic, now serve as a strategic way to protect individual assets in case of separation or the need to dissolve the marriage.
You are not legally obligated to support her. If a divorce is filed the court could make alimony retroactive.
In New York, if a marriage lasts a long time and a spouse is old, ill or unable to support themselves, permanent alimony may be awarded.
In most cases, if a spouse can work and their former spouse cannot afford to provide spousal support, the court can deny alimony. It is pertinent to note that New York is a no-fault divorce state, meaning both parties could cite fault grounds, however, it will not affect whether a spouse is granted spousal maintenance.
Spousal maintenance is normally durational that is, it has a set duration, normally long enough for the payee spouse to become self-sufficient. However, there are cases, given age, health and inability to support themselves, that the payee may be awarded nondurational or permanent alimony.