Alimony And Child Support In Massachusetts In Bronx

State:
Multi-State
County:
Bronx
Control #:
US-00004BG-I
Format:
Word; 
PDF; 
Rich Text
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Description

The Affidavit of Defendant is a crucial legal document in the context of alimony and child support in Massachusetts, particularly applicable in Bronx County. This form serves to formally inform the court about the defendant's current financial situation and their ability to comply with the existing divorce decree regarding alimony payments. Key features include sections for the defendant to state their residence, compliance with prior judgments, and any changes to their financial circumstances that hinder payments. Filling out the form requires clear documentation of previous alimony payments and the reasons for any financial difficulties. Legal professionals, including attorneys, partners, and paralegals, can utilize this form to advocate for their clients facing financial hardships, ensuring that the legal process acknowledges their clients' current situations. The document is designed for ease of completion and clarity, inviting users to articulate their challenges straightforwardly. Specific use cases include modification requests for existing support orders and documentation for negotiations in divorce proceedings.
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  • Preview 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
  • Preview 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

To qualify for alimony support, the receiving spouse must prove financial hardship and make a case for monetary assistance, whether temporary or long-term.

Massachusetts Alimony Requirements One of the most notable alterations is the provision generally specifying that alimony orders terminate when the payor reaches “full retirement age.” The age of retirement is based on Social Security guidelines, currently set between age 66 and 67.

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The court will only award general alimony if the requesting spouse demonstrates a financial need. The duration, meaning the term of alimony payments, depends on the length of the marriage.

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.

If your original divorce didn't award alimony, and didn't mention alimony in any way, you can file a complaint for alimony for the first time at any time after your divorce. To request alimony, you'll need to file: Complaint for Alimony. This is a form you write yourself, not a form you get from the court.

The person asking for alimony must show the court that he or she needs financial support, and that the other spouse has the ability to provide financial support.

Between 10 and 15 years: general term alimony can last for no longer than 70% of the number of months of the marriage. Between 15 and 20 years: general term alimony can last for no longer than 80% of the number of months of the marriage. Longer than 20 years: general term alimony can last indefinitely.

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Alimony And Child Support In Massachusetts In Bronx