Paying For Child Support And Alimony In San Diego

State:
Multi-State
County:
San Diego
Control #:
US-00004BG-I
Format:
Word; 
PDF; 
Rich Text
Instant download

Description

This document serves as an Affidavit of Defendant related to paying for child support and alimony in San Diego. It allows the defendant to formally declare their financial circumstances and any changes that hinder their ability to comply with existing child support and alimony obligations. Key features include sections for the defendant's personal information, details of the final divorce judgment regarding alimony and support, and a statement regarding their current financial difficulties. Users must fill in the required details, including their residence, the case information, and specific numbers related to the payments. It also mandates certification of service to the plaintiff's attorney and the plaintiff, which reinforces the document's legal standing. This form is particularly useful for attorneys, paralegals, and legal assistants who assist clients facing financial hardships and need to document changes in their ability to pay. It aids in communicating these changes to the court effectively, serving as an essential tool for legal professionals in divorce and family law matters.
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  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition
  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition

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FAQ

The guideline states that the paying spouse's support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse's net monthly income. If child support is an issue, spousal support is calculated after child support is calculated.

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.

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 guideline states that the paying spouse's support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse's net monthly income. If child support is an issue, spousal support is calculated after child support is calculated.

If the check must be payable to the custodial parent, please include the SDU as the co-payee. For example, please make the check payable to “custodial parent and/or the state SDU.” Sending payments electronically to state SDUs is another way to ensure payments arrive quickly and safely.

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Paying For Child Support And Alimony In San Diego