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.
Divorce Modification With Partial Claim In New York
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US-00004BG-I
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FAQ
Parenting time and child support, which are also part of a final decree, may also be modifiable. At the time a divorce is finalized by court order, so are visitation and custody agreements.
Partial Settlement Divorcing spouses may agree on property division but not on child custody. Or they may agree on most of the property division but disagree about the amount and duration of alimony. In these cases, the judge may accept a partial settlement and set a hearing or trial for the remaining issues.
Yes, you can amend a marital settlement, with both parties agreeing.
In order to reopen the case a motion would have to be filed in the state where the divorce case was created and the divorce was granted in. You would need an attorney who is licensed to practice in that state to file the motion on your behalf.
The simple answer is yes. Doing so, however, can be a complicated process.
Yes. Although doing so is uncommon, divorce decrees can be modified after being finalized in New York. Ex-spouses may want to modify their divorce decrees as a result of major life events or other changes in circumstance, such as: An increase or reduction in one party's income.
In California, divorce settlements are not set in stone and can be modified under certain circumstances. Whether due to changes in financial status, child-related issues, or other significant life events, it is possible to seek adjustments to the terms of a divorce agreement.
To seek a divorce modification in New York, a party must file a petition with the court. Both parties involved will have an opportunity to present their case.