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 Virginia In Montgomery
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Montgomery
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US-00004BG-I
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Two of the biggest alimony factors in Virginia when awarding spousal support are the financial need of the party asking for support and the ability of the person paying to supplement the income of the requesting spouse to meet their needs.
The Virginia Child Support Guidelines outline the obligation amount based on the parents' combined monthly gross income and the number of children. For example, a family with an income of $4,000 would have a support obligation of $645 a month for one child and $975 a month for two children.
You can start a spousal support case in Virginia Juvenile & Domestic Relations district courts by filing a petition. Find your local J&DR district court at this page, with links to each local court. The local J&DR district court can provide you more information about how to file a spousal support petition.
The formula stated in § 16.1-278. is: (a) 30% of the gross income of the payor less 50% of the gross income of the payee in cases with no minor children and (b) 28% of the gross income of the payor less 58% of the gross income of the payee in cases where the parties have minor children in common.
The formula stated in § 16.1-278. is: (a) 30% of the gross income of the payor less 50% of the gross income of the payee in cases with no minor children and (b) 28% of the gross income of the payor less 58% of the gross income of the payee in cases where the parties have minor children in common.
However, adultery is not necessarily a complete bar to the adulterous spouse receiving spousal support in Virginia. Rather, the court may still award the adulterous spouse support in some cases, based on (1) the relative finances of the parties and (2) the relative degrees of “fault” of the parties.
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.
Spousal support issues arise in Virginia divorces where the parties have been married for a substantial length of time and there is a significant gap in their incomes. In these cases, determination of a proper amount and duration of spousal support (called “alimony” in other states) can become very difficult.