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 And Child Support In Massachusetts In Collin
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Multi-State
County:
Collin
Control #:
US-00004BG-I
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FAQ
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.
The Massachusetts Supreme Judicial Court took a novel approach and determined that the alimony law and the child support guidelines allow the court to consider awarding both alimony and child support based on the same income.
To qualify for alimony support, the receiving spouse must prove financial hardship and make a case for monetary assistance, whether temporary or long-term.
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.
To qualify for alimony support, the receiving spouse must prove financial hardship and make a case for monetary assistance, whether temporary or long-term.
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.
If things are collaborative, you should just each provide a financial disclosure. It should include a listing of all assets (including major physical assets like real estate, cars, etc.), the value as of the date of separation (this date is determined by state law), and the legal owner(s) of each asset.
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.