Spousal Support For Social Security In San Jose

State:
Multi-State
City:
San Jose
Control #:
US-00004BG-I
Format:
Word; 
PDF; 
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Description

The Affidavit of Defendant is a legal document used in divorce proceedings related to spousal support and financial obligations. Specifically applicable in Santa Clara County, this form facilitates communication between the Defendant and the court regarding their ability to meet alimony payments as per the divorce decree. Key features include personal identification of the Defendant, acknowledgment of the divorce judgment, and detailing of current financial circumstances impacting alimony payments. It allows the Defendant to formally state their reasons for seeking modification of support payments. Attorneys, partners, and legal assistants will find this form useful for its structured layout that simplifies the process of documenting changes in financial status. It is important to carefully fill out each section, ensuring accurate representation of the financial situation and compliance with legal requirements. The form also emphasizes the need for a notarized signature, which assists in verifying the authenticity of the claims presented. Additional use cases for paralegals and legal assistants include assisting clients in gathering necessary documents, such as proof of income and previous alimony payments. Overall, this affidavit serves as a critical tool in navigating spousal support modifications in San Jose.
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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

How the spouse's benefit is determined. Your full spouse's benefit could be up to one-half the amount your spouse is eligible to receive at their full retirement age. If you choose to receive your spouse's benefits before you reach full retirement age, your payment will be permanently reduced.

If you're eligible for retirement and spouse's benefits, you must apply for both, and you'll receive a combined benefit equaling the higher spouse's amount. This requirement is called “deemed filing” because when you apply for one benefit you are “deemed” to have applied for the other benefit.

Randall, in order for your wife to be eligible for spousal benefits, you need to have already filed for your own benefits. If that's the case and your wife is at least 62 years old, she can apply for her spousal benefit.

The percentage of your spouse's full retirement benefit that you receive could be as little as 32.5% at age 62. It steps up gradually to 50% as you near your full retirement age, which is 65, 66, or 67, depending on your birth year. And don't bother delaying your spousal benefits past your full retirement age.

When a worker files for retirement benefits, the worker's spouse may be eligible for a benefit based on the worker's earnings. Another requirement is that the spouse must be at least age 62 or have a qualifying child in her/his care.

Key Takeaways. The maximum spousal benefit is 50% of the other spouse's full benefit. You may be eligible if you're married, divorced, or widowed. You can collect spousal benefits as early as age 62, but in most cases, the benefits are permanently reduced if you start collecting before your full retirement age.

You're eligible for up to 50% of a benefit based on your spouse's work record. However, you can't receive both your personal benefit and a spousal benefit. You will receive the higher of the two.

To receive Social Security benefits as a surviving divorced spouse, you must meet the following requirements: You were married to your former spouse for at least 10 years You are at least 60 years old You are unmarried, unless you remarried after age 60 You have evidence of a finalized divorce.

Your spouse must be receiving benefits for you to get benefits on their work record. If your spouse does not receive retirement or disability, you'll have to wait to apply on your spouse's record. In addition, to be eligible for spouse's benefits, you must be one of the following: 62 years of age or older.

The first exception, which can be deemed as the Social Security spousal benefits loophole, works where an individual who remarries at 60 or later may still be entitled to Social Security survivors' benefits if the second marriage ends before the death of the first spouse.

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Spousal Support For Social Security In San Jose