Child Support And Alimony In Florida In Montgomery

State:
Multi-State
County:
Montgomery
Control #:
US-00004BG-I
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Word; 
PDF; 
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Description

The Affidavit of Defendant is a legal document used in Florida to address child support and alimony issues, specifically in Montgomery County. This form is designed for defendants who may be unable to continue paying alimony as mandated by a divorce decree due to a significant decrease in income. Key features of the form include sections for personal information, details regarding the divorce judgment, and a statement regarding the inability to maintain payment amounts. It requires filling in specifics about the defendant's situation, including reasons for diminished income and an overview of compliance with previous payment orders. For attorneys, partners, owners, associates, paralegals, and legal assistants, this form serves as an invaluable tool to initiate modifications to alimony amounts legally. Users must ensure all sections are accurately completed, signed, and notarized before submission. The document also includes a certificate of service to confirm delivery to opposing parties, enhancing transparency and compliance with court protocols. Overall, this affidavit provides a structured process for individuals seeking relief from financial obligations in a clear and professional manner.
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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

Contrary to some reports, Florida remains a no-fault divorce state. However, adultery and its economic impacts will now be considered in calculating alimony payments. House Bill 775 authorizes the father of a child born out of wedlock to establish paternity and makes changes to time-sharing schedules.

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.

There is a rebuttable presumption for an award of permanent alimony in a long-term marriage, which is 17 years or longer. There is no presumption for or against permanent alimony in a moderate-term marriage, which is a marriage greater than 7 years but less than 17 years.

(1)(a) In a proceeding for dissolution of marriage, the court may grant alimony to either party in the form or forms of temporary, bridge-the-gap, rehabilitative, or durational alimony, as is equitable. In an award of alimony, the court may order periodic or lump sum payments.

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.

In Florida, individuals have the right to self-representation in court in both criminal and family law proceedings. With that said, it is advisable for you to hire a child support lawyer. Child support cases can be complex. You may not understand child support guidelines.

Please complete an application for support online utilizing Pennsylvania's E-Services filing system. Use this link: E-Services. E-Services uses a series of questions to complete documents to be forwarded to Montgomery County Domestic Relations Section (DRS).

Each parent will be responsible for paying 50% of the child support that's indicated on the child support guidelines schedule. Going back to our initial example, if there was one child involved, and the net income between the parents was $2000 per month, the total child support would be $442.

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.

The primary figure used to calculate support is the income of both parents. Certain expenses also go into the calculation such as taxes, health insurance, and employment-related daycare costs. A popular misconception is that household expenses can be used to reduce support. In general, that is not true.

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Child Support And Alimony In Florida In Montgomery