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.
Types Of Alimony In Massachusetts
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To qualify for alimony support, the receiving spouse must prove financial hardship and make a case for monetary assistance, whether temporary or long-term.
The guideline states that the paying spouse's support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse's net monthly income. If child support is an issue, spousal support is calculated after child support is calculated.
Massachusetts Alimony Requirements One of the most notable alterations is the provision generally specifying that alimony orders terminate when the payor reaches “full retirement age.” The age of retirement is based on Social Security guidelines, currently set between age 66 and 67.
If your original divorce didn't award alimony, and didn't mention alimony in any way, you can file a complaint for alimony for the first time at any time after your divorce. To request alimony, you'll need to file: Complaint for Alimony. This is a form you write yourself, not a form you get from the court.
Alimony is meant to address the income needs of a spouse who might not have the same earning potential as their ex-partner, even after the assets have been divided, no matter how big the value of the assets is.
Generally, a request for alimony cannot be raised for the first time after a divorce is final. There are two exceptions to this rule. First, the court may not have awarded traditional alimony in the final judgment, but it may have awarded nominal alimony.
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.
Massachusetts laws ...the amount of alimony should generally not exceed the recipient's need or 30 to 35% of the difference between the parties' gross incomes established at the time of the order being 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.