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 Nj In Pennsylvania
Category:
State:
Multi-State
Control #:
US-00004BG-I
Format:
Word;
PDF;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
If you mean the custodial parent and child live in another state from the noncustodial parent, yes, you can. Make an appointment at your local state child support enforcement office. They will tell you what information to bring with you to the appointment. They will do all the filing.
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.
In Pennsylvania, it is possible to avoid alimony through negotiation of terms in the divorce settlement, proof of marital misconduct and establishing financial independence.
If child support and alimony, maintenance, or spousal support are being determined simultaneously (for the same family), the court shall determine the amount of alimony, maintenance, or spousal support before applying the child support guidelines, except when the court establishes pendente lite support.
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.
The 2014 statute replaces the term “permanent alimony” with “open durational alimony.” Other changes to alimony in New Jersey include: The length of alimony payments cannot exceed the length of the marriage for marriages that last less than 20 years- except for special circumstances.
In New Jersey, alimony terminates upon the death or remarriage of the supported spouse. However, if the paying spouse remarries, the alimony payments will continue. If the person paying alimony dies, they usually have life insurance to secure their spousal support to the recipient.
The determination of spousal support is made by taking the difference in the net incomes of the parties, and multiplying that figure by a certain percentage (40% in cases where there is no concurrent child support, and 30% where there is child support in place).