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.
Paying For Child Support And Alimony In Georgia
Category:
State:
Multi-State
Control #:
US-00004BG-I
Format:
Word;
PDF;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
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.
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.
To conclude, Georgia does not provide for “retroactive child support” or “back child support.”
Unlike child support, there are no State requirements for spousal support awards in divorce. In general, it is intended to take into account the contributions of spouses, either male or female, who have cared for the children or supported the careers of their working spouses.
If one spouse can prove that marital misconduct, such as infidelity, led to the marriage's breakdown, the court may deny alimony. However, it's essential to understand that both spouses' conduct will be examined, and the court seeks to ensure a fair outcome for both parties.
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.
Alimony is usually reserved for situations where the paying spouse was the main breadwinner and the receiving spouse needs time to get on their feet financially, or is sick/disabled/older and will never be able to adequately support themselves.