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.
Examples Of Alimony In Orange
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Multi-State
County:
Orange
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US-00004BG-I
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FAQ
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.
Since the goal is to protect mutual standards of living, if your ex remarries or finds themselves once again in a steady double-income household, you may no longer be required to maintain or begin alimony payments.
The person asking for alimony must show the court that he or she needs financial support, and that the other spouse has the ability to provide financial support.
The courts in many California counties use a formula as a guideline for calculating the amount of temporary spousal support. These guidelines vary, but one common formula for the monthly amount of support is 40% of the high earner's net monthly income minus 50% of the low earner's net monthly income.
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.
The key factors analyzed in an alimony decision are each spouse's income, ability to earn and standards of living established during the marriage. If there is a history of violence, abuse or certain criminal convictions, however, this could bar a spouse from receiving alimony payments under California law.
If you are still living with your spouse or former spouse, alimony payments are not tax-deductible. You must make payments after physical separation for them to qualify as tax-deductible. Don't file a joint tax return. If you and your spouse file a joint income tax return, you can't deduct alimony payments.
Format of the letter: introduce yourself, state how long you've known the person and in what capacity. Choose 2 to 3 reasons why you support them and write a brief paragraph on each. Close with a sentence reiterating your support.
The person asking for alimony must show the court that he or she needs financial support, and that the other spouse has the ability to provide financial support.