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 Partial Claim In Queens
Category:
State:
Multi-State
County:
Queens
Control #:
US-00004BG-I
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PDF;
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FAQ
Yes, you can amend a marital settlement, with both parties agreeing.
You can always renegotiate at any point as long as the divorce agreement has not been finalized. If the papers have already been signed, your lawyer must present a strong argument to the judge explaining that you wish to make a change based on some tangible reason, but the request may be denied.
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.
Settlement agreements that were obtained through deceit, fraud, or unjust terms may be revoked by the courts. However, the settlement can be implemented in ance with a state's code if a formal agreement is written.
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.
Parenting time and child support, which are also part of a final decree, may also be modifiable. At the time a divorce is finalized by court order, so are visitation and custody agreements.
Partial Settlement Divorcing spouses may agree on property division but not on child custody. Or they may agree on most of the property division but disagree about the amount and duration of alimony. In these cases, the judge may accept a partial settlement and set a hearing or trial for the remaining issues.
Yes, you can amend a marital settlement, with both parties agreeing.
If a divorce decree has been issued, you can only contest it in extraordinary circumstances. You can still try to contest the term of the divorce, but you would face an uphill battle since you already agreed to them.