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.
Paying For Child Support And Alimony In North Carolina
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Misconduct: Certain behaviors can also lead to the disqualification of alimony. For instance, if a spouse is found to have engaged in financial misconduct, such as hiding assets or failing to disclose financial information during the divorce proceedings, this can result in disqualification.
After a divorce, it's common for one spouse to make payments to the other as part of the divorce agreement. These payments can be alimony, child support or a mix of both.
North Carolina General Statutes § 50-16.9 states that alimony terminates upon the death of either former spouse, upon the remarriage of the dependent spouse, or the cohabitation of the dependent spouse.
Child support is never deductible and isn't considered income. Additionally, if a divorce or separation instrument provides for alimony and child support, and the payer spouse pays less than the total required, the payments apply to child support first. Only the remaining amount is considered alimony.
Adultery. Abandonment. Reckless spending, such as gambling assets. Physical, emotional, or verbal abuse.
To qualify for alimony in North Carolina, a spouse must: Be a dependent spouse, with an income disparity, and dependent on the other spouse for maintenance and support. Not have committed infidelity during the marriage. Prove that an award of alimony is equitable under the factors considered by the court.
Adultery. Abandonment. Reckless spending, such as gambling assets. Physical, emotional, or verbal abuse.
To qualify for alimony in North Carolina, a spouse must: Be a dependent spouse, with an income disparity, and dependent on the other spouse for maintenance and support. Not have committed infidelity during the marriage. Prove that an award of alimony is equitable under the factors considered by the court.
California 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.