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 Social Security In Contra Costa
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State:
Multi-State
County:
Contra Costa
Control #:
US-00004BG-I
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FAQ
Support can end when: You agree in writing about the date it will end and the court signs off on the agreement. The court orders that it ends. The supported spouse remarries.
Alimony is enforced in all U.S. states, with no exceptions. Specifics of alimony laws, including eligibility and duration, differ across states. Alimony can be durational or permanent, which varies with the marriage length or the couple's circumstances.
Child Support or Alimony You'll be subject to garnishment of up to 50% of your Social Security benefits if you're supporting a spouse or child other than the one specified in the court order. If you aren't supporting another spouse or child, up to 60% of your after-tax income can be garnished.
In California, Social Security Disability Insurance (SSDI) benefits can be garnished for spousal support, but Supplemental Security Income (SSI) benefits are generally exempt as they are needs-based.
Generally, Social Security benefits are exempt from execution, levy, attachment, garnishment, or other legal process, or from the operation of any bankruptcy or insolvency law.
The spousal benefit can be as much as half of the worker's "primary insurance amount," depending on the spouse's age at retirement. If the spouse begins receiving benefits before "normal (or full) retirement age," the spouse will receive a reduced benefit.
In California, Social Security Disability Insurance (SSDI) benefits can be garnished for spousal support, but Supplemental Security Income (SSI) benefits are generally exempt as they are needs-based.
What do I do if I want alimony? You can ask for alimony as part of a divorce proceeding. If you and your spouse reach an agreement about alimony, you can ask the judge to make the agreement a part of the court order. If you cannot reach an agreement, the judge will decide whether you are entitled to alimony.
There is no minimum marriage length to qualify for alimony, but the easier it is for the lower-earning spouse to become self-sufficient, the less support they may receive.
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.