Spousal Support For In Miami-Dade

State:
Multi-State
County:
Miami-Dade
Control #:
US-00004BG-I
Format:
Word; 
PDF; 
Rich Text
Instant download

Description

The 'Affidavit of Defendant' is a legal document used in Miami-Dade to address spousal support in divorce cases. This form allows the defendant to declare their inability to continue alimony payments due to reduced income or other significant changes in circumstances. Key features of the form include sections for the defendant's personal information, details about the divorce decree and alimony terms, an explanation of the reasons for financial hardship, and a certification of service to notify involved parties. Filling out this form requires the defendant to provide accurate details about their financial situation and ensure that the affidavit is notarized. It is vital for attorneys, partners, owners, associates, paralegals, and legal assistants to understand how to properly fill out and file this document, as it demonstrates compliance with court orders while requesting a modification. The form is particularly relevant for those representing clients who are experiencing financial difficulties and need to seek relief from existing support obligations.
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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

An uncontested divorce in Florida takes between six weeks and three months. A contested divorce takes between six months to a year to come to a resolution. Keep in mind that you must meet Florida state residency requirements prior to filing for divorce.

What qualifies a recipient spouse for alimony in Florida are several factors, among them: The standard of living established during the marriage. The length of the marriage. Both spouse's financial resources, including the non-marital, marital property, assets, and liabilities.

In Florida, child support is calculated based on the income of the parents and the needs of the child(ren). Alimony, on the other hand, is determined by various factors, including the length of the marriage, the standard of living during the marriage, and the financial resources of each party.

How Do I Request Alimony In A Florida Divorce Case? You file a petition in court that includes all facts and supporting evidence on why the court should grant alimony. Your ex may be allowed the opportunity to respond in writing, along with evidence and facts to support why alimony should be denied.

Permanent alimony is a system of alimony payments that lasts until the recipient dies or gets remarried. In Florida, permanent alimony was eliminated in July 2023. Now, instead of lifetime payments, all general alimony is durational. But state courts can still order bridge-the-gap and rehabilitative alimony.

Caps on Terms of Alimony Florida's new law institutes caps on alimony terms for rehabilitative alimony and durational alimony: Rehabilitative alimony is now capped at 5 years. For marriages lasting 3 to 10 years, durational alimony can't exceed 50% of the marriage's length.

In general, the payments may not last longer than: 50% of the length of a short-term marriage (lasting less than 10 years) 60% of the length of a moderate-term marriage (lasting between 10 and 20 years), or. 75% of the length of a long-term marriage (lasting 20 years or more).

How is the Amount of Alimony Determined? Supporting Spouse's Ability to Pay. The Best Interest of Children. The Lenght of a Marriage. The Ability to Earn. Standard of Living the Spouses Maintained During the Marriage. Educational or Emotional Support.

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Spousal Support For In Miami-Dade