Paying For Child Support And Alimony In Maryland

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Multi-State
Control #:
US-00004BG-I
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Description

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.

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  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition
  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition

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FAQ

If the check must be payable to the custodial parent, please include the SDU as the co-payee. For example, please make the check payable to “custodial parent and/or the state SDU.” Sending payments electronically to state SDUs is another way to ensure payments arrive quickly and safely.

Factors the court will consider in alimony decisions - the court shall consider all the factors for a fair and equitable award, including but not limited to: Financial needs and resources of each party: The court considers both spouses' financial situation, income, and assets.

Prenuptial Agreements A prenuptial or post-nuptial agreement can protect your assets in court by laying out what funds you are willing or unwilling to share. These agreements can help protect a person from significant alimony payments that may cut into their financial status.

Factors Considered by the Court The court will consider the ability of the spouse seeking alimony to be self-supporting, and the time they may need to become self-supporting. The court will consider the age and health of each spouse, the length of the marriage, and the reasons the marriage ended.

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.

However, the judge can take into account the circumstances of the separation when making decisions about alimony. The judge can't prohibit a spouse from seeking alimony because they were unfaithful, nor can the judge award alimony just because somebody was cheated on.

The receipt of your share of the joint property, however, may disqualify you from receiving anything. For instance, if you and your spouse receive an equal share of the real property funds, the court is unlikely to grant you alimony.

The receipt of your share of the joint property, however, may disqualify you from receiving anything. For instance, if you and your spouse receive an equal share of the real property funds, the court is unlikely to grant you alimony.

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Paying For Child Support And Alimony In Maryland