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.
Spousal Support For In Bronx
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Multi-State
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Bronx
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US-00004BG-I
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FAQ
A spouse is awarded maintenance if they lack sufficient income to provide for their needs. Various factors are taken into consideration by the court as to whether or not maintenance will be granted, including: The length of the marriage. The age and health of the spouses.
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.
Nevertheless, as mentioned above, a spouse could be denied spousal support for various reasons. The courts have the authority to deny a spouse alimony if they don't need financial support or can work. A judge could also deny a spouse spousal support if the payor does not have enough funds to afford it.
Income of the Respective Spouses Typically, the judge will take 20% of the lower-earning spouse's income and subtract that number from 30% of the higher-earning spouse's income. For example, one spouse makes $100,000, and the other makes $20,000. Thirty percent of $100,000 is $30,000, and 20% of $20,000 is $4,000.
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.
Typically, the judge will take 20% of the lower-earning spouse's income and subtract that number from 30% of the higher-earning spouse's income. For example, one spouse makes $100,000, and the other makes $20,000. Thirty percent of $100,000 is $30,000, and 20% of $20,000 is $4,000.
New York Spousal support rules do take into account spouses who are not in the workforce full-time at the time of the divorce. Typically, they are not expected to get a job right away but neither can they refuse to work full-time and simply receive spousal support for years.
Non-durational alimony in New York will end if either spouse dies or the payee spouse remarries. It can also end if there are changes in the quality of life of either the payor or the payee spouse.
In short term marriages the presumptive duration of maintenance is 15 to 30 percent of the length the of the marriage, for medium term divorces it is 30 to 40 percent, and long-term marriages it's 35 to 50 percent.
New York permanent alimony does not have any set duration in which it will end. Most alimony today is durational rather than permanent except in certain specific situations.
More info
Spousal support cases are started with a spousal support petition in Family Court. There is no filing fee in Family Court.In New York State, a married person may file a petition in Family Court seeking spousal support from a current husband or wife. Spousal support is an amount of money that the court orders one spouse to pay to the other spouse for his or her reasonable needs. Family Court has special clerks to help people fill out the support petition and file the case. It does not cost any money to start a case in Family Court. (the respondent) and Support. A spouse can file a petition in New York Family Court for the other spouse to pay spousal support even if they have not yet filed for divorce. Bronx divorce got you feeling financially lost? Get on track with a fierce spousal support attorney at The Franklin Law Firm!