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 Calculator In Virginia In Clark
Category:
State:
Multi-State
County:
Clark
Control #:
US-00004BG-I
Format:
Word;
PDF;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
You can start a spousal support case in Virginia Juvenile & Domestic Relations district courts by filing a petition. Find your local J&DR district court at this page, with links to each local court. The local J&DR district court can provide you more information about how to file a spousal support petition.
The formula stated in § 16.1-278. is: (a) 30% of the gross income of the payor less 50% of the gross income of the payee in cases with no minor children and (b) 28% of the gross income of the payor less 58% of the gross income of the payee in cases where the parties have minor children in common.
There is no fixed rule or set duration that automatically makes one spouse eligible or ineligible for alimony payments. However, marriage length is a crucial factor judges consider when determining whether to award alimony and, if so, how much and for how long.
For couples without children, the formula involves subtracting 50% of the gross income of the receiving spouse from 27% of the gross income of the paying spouse. If there are children involved, the courts consider 58% of the receiving spouse's income and 26% of the paying spouse's income.
California determines alimony based on the recipient's “marital standard of living,” which aims to allow the spouse to continue living in a similar manner as during the marriage.
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.
Two of the biggest alimony factors in Virginia when awarding spousal support are the financial need of the party asking for support and the ability of the person paying to supplement the income of the requesting spouse to meet their needs.
One of the most significant disqualifying factors for alimony in Virginia is adultery. If you've been unfaithful during your marriage, you may lose your right to receive spousal support. Other fault-based grounds for divorce, such as cruelty or desertion, can also impact alimony decisions.
Reservation of Spousal Support It simply provides the spouse the ability within the time frame reserved to file a request for spousal support based on a material change in circumstances since the entry of the order reserving spousal support (which is typically the final order of divorce).
Reserve spousal support - this means that the court is not ordering support now. But, it could in the future. So, support is $0 now but could be changed at a later date.
More info
This calculation is for information purposes only and is not intended as a substitute for obtaining legal advice! This guide explains how spousal support works in Virginia and outlines how courts calculate it.Use this calculator the get an estimate of alimony for the state of Virginia! Find out what judges consider when deciding how much alimony to award during or after divorce—and when courts use formulas to calculate spousal support. MaritalLaws Alimony Calculator. Gross Salary: Salary before taxes are taken out. This Virginia alimony calculator calculates Virginia maintenance using the Fairfax County alimony formula. Our tool will calculate how much spousal support a judge may order. Complete the fields to calculate and estimate. Alimony in Massachusetts.