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.
Examples Of Alimony In Massachusetts
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US-00004BG-I
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If you are still living with your spouse or former spouse, alimony payments are not tax-deductible. You must make payments after physical separation for them to qualify as tax-deductible. Don't file a joint tax return. If you and your spouse file a joint income tax return, you can't deduct alimony payments.
To qualify for alimony support, the receiving spouse must prove financial hardship and make a case for monetary assistance, whether temporary or long-term.
40% of the high earner's net monthly income minus 50% of the low earner's net monthly income. For instance, if Spouse A earns $5,000 per month and Spouse B earns $2,500 per month, temporary spousal support might be calculated as follows: 40% of $5,000 = $2,000. 50% of $2,500 = $1,250.
To qualify for alimony support, the receiving spouse must prove financial hardship and make a case for monetary assistance, whether temporary or long-term.
Except for reimbursement alimony or unusual circumstances, the amount of alimony should generally be no more than the receiving spouse needs or 30–35 percent of the difference between the parties' gross incomes when the order is issued.
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.
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.
Alimony is not a factor in every divorce case, and is granted on a case-by-case basis.
With equitable distribution, judges divide a couple's property and allocate their debts based on what's fair under the circumstances of each case—which doesn't necessarily mean a 50-50 split.