This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. 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 Calculator In California
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How to fill out Affidavit Of Defendant Spouse In Support Of Motion To Amend Or Strike Alimony Provisions Of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition?
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FAQ
Calculators cannot determine your right to alimony. You will put in as few as two factors, typically income and the duration of the marriage, or more than a dozen factors before a calculator spits out a number.
In California, alimony is not mandatory. However, if one spouse earns significantly more than the other, the court may order them to pay alimony to the lower-earning spouse.
When determining alimony payments, a family court will consider the length of the marriage. In California, spousal support may be paid for up to half the length of a marriage that lasts 10 years or less. Unions that lasted longer than 10 years are considered 'long term,' and no specific duration will apply.
California and the federal government have different tax laws about spousal support (also known as alimony). For California income taxes, the person paying support can deduct the payments. The person receiving support must report the payments as income.
The key factors analyzed in an alimony decision are each spouse's income, ability to earn and standards of living established during the marriage. If there is a history of violence, abuse or certain criminal convictions, however, this could bar a spouse from receiving alimony payments under California law.