Alimony And Child Support In California In Broward

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

The Affidavit of Defendant is a legal document used in California, specifically in Broward County, to address alimony and child support issues post-divorce. This form allows the defendant to declare their current financial situation and request modifications to existing support obligations due to significant changes in income. Key features of the affidavit include sections for the affiant to provide their address, details of the final judgment for divorce regarding alimony, evidence of compliance with the judgment, and explanations for any inability to meet support obligations. Attorneys, partners, and paralegals will find this form essential in representing clients facing financial hardships that impede their ability to fulfill divorce decree requirements. When filling out the form, users should ensure clarity in stating their circumstances and adhere to proper format and signatures, including notarization. It serves various cases, particularly for defendants seeking support reductions due to job loss or health issues, ensuring their legal rights are effectively communicated in court.
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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

Caps on Terms of Alimony Florida's new law institutes caps on alimony terms for rehabilitative alimony and durational alimony: Rehabilitative alimony is now capped at 5 years. For marriages lasting 3 to 10 years, durational alimony can't exceed 50% of the marriage's length.

In Florida, a new spouse's income does not directly factor into a child support determination, but it can still have an impact. The court does not specifically factor a step-parent's income into the equation when awarding child support.

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.

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.

Yes, the caseworker handling your case will enforce the most recent order, no matter where the parents live. Will I have to go to the other state? No, your caseworker will handle the case for you.

The guideline states that the paying spouse's support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse's net monthly income. If child support is an issue, spousal support is calculated after child support is calculated.

In Florida, self-sufficiency can disqualify you from receiving spousal support or alimony in Florida. If the court determines that you have the financial means or can gain employment to meet your needs of independently, you may not be eligible for alimony.

After a divorce, it's common for one spouse to make payments to the other as part of the divorce agreement. These payments can be alimony, child support or a mix of both.

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Alimony And Child Support In California In Broward