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 Ny In Illinois
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A spouse may be disqualified from receiving alimony if it's determined that they have ample resources to support themselves or if the marriage was of a very short duration. Other specifics may include the discovery of a spouse's non-monetary contributions or any valid agreement between the parties.
While you cannot include a new spouse's income as income for the purposes of increasing child support, an Illinois divorce court can consider the parent's obligation to that new spouse and new children in order to maintain or even reduce 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.
Child support and spousal support, also referred to as alimony, are two different payments. Illinois law may require each, depending on the circumstances. In some cases, one of the parties can be forced to make both payments.
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The theory was that although stepparents may play a role in helping their new spouse raise the children, they had no legal obligation to financially support their stepchildren. But in 2000, the Illinois Appellate Court ruled that a stepparent's income could be considered when making an award of child support.