Alimony And Child Support In Massachusetts In San Jose

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

Description

The document is an Affidavit of Defendant relevant to alimony and child support in Massachusetts, specifically for individuals in San Jose. It serves as a formal request for modification of alimony payments due to a significant decrease in income. Key features of this form include sections to detail personal information, the completion of previous court orders, and a statement of compliance with the original divorce decree. It requires the affiant to explain current financial hardships and the inability to meet alimony obligations, thus facilitating a possible legal adjustment to payment terms. Filling instructions indicate the need for accurate completion of personal details and financial disclosures, with an attached decree as an exhibit. Attorneys, partners, owners, associates, paralegals, and legal assistants can utilize this form in cases where a client faces changes in financial circumstances post-divorce. The Affidavit plays a critical role in maintaining compliance with court orders while advocating for fair treatment based on current income realities.
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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

Between 10 and 15 years: general term alimony can last for no longer than 70% of the number of months of the marriage. Between 15 and 20 years: general term alimony can last for no longer than 80% of the number of months of the marriage. Longer than 20 years: general term alimony can last indefinitely.

Estimate Alimony Payments. Common methods for calculating spousal support typically take up to 40% of the paying spouse's net income, which is calculated after child support. 50% of the recipient spouse's net income is then subtracted from the total if they are working.

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 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.

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Alimony And Child Support In Massachusetts In San Jose