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 Massachusetts In Pima
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Multi-State
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Pima
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US-00004BG-I
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FAQ
The Massachusetts Supreme Judicial Court took a novel approach and determined that the alimony law and the child support guidelines allow the court to consider awarding both alimony and child support based on the same income.
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.
If your original divorce didn't award alimony, and didn't mention alimony in any way, you can file a complaint for alimony for the first time at any time after your divorce. To request alimony, you'll need to file: Complaint for Alimony. This is a form you write yourself, not a form you get from the court.
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.
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.
To qualify for alimony support, the receiving spouse must prove financial hardship and make a case for monetary assistance, whether temporary or long-term.
To qualify for alimony support, the receiving spouse must prove financial hardship and make a case for monetary assistance, whether temporary or long-term.
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.
Massachusetts Alimony Requirements One of the most notable alterations is the provision generally specifying that alimony orders terminate when the payor reaches “full retirement age.” The age of retirement is based on Social Security guidelines, currently set between age 66 and 67.