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 Agreement In Queens
Category:
State:
Multi-State
County:
Queens
Control #:
US-00004BG-I
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PDF;
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FAQ
New York's equitable distribution law specifies that you are entitled to a division of all “marital property” assets that were acquired during the marriage. With few exceptions, marital property generally includes both spouses' income, purchases made with that income, and retirement benefits.
Q: How Many Years Do You Have To Be Married To Get Alimony in New York, NY? A: New York does not have a specific amount of time that a couple must be married before either spouse qualifies for spousal maintenance.
New York is a state that enforces an equitable distribution of assets in divorce proceedings. This means that marital property is divided 50/50 but in a way that is equitable and fair. When determining what is equitable, the court takes several factors into account.
Yes, if all involved parties are in agreement with the change and sign off on it. If the mediation is the result of a court action the change must take place before it becomes a record of the court. Otherwise you must petition the court for a change.
A: There is no set amount of time spouses must be married to receive alimony, and there is no amount of time spouses must be married to guarantee alimony. However, the longer a marriage is, the more likely it is that the court will award spousal support.
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.
New York's equitable distribution law specifies that you are entitled to a division of all “marital property” assets that were acquired during the marriage. With few exceptions, marital property generally includes both spouses' income, purchases made with that income, and retirement benefits.
Yes, you can amend a marital settlement, with both parties agreeing.