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.
Spousal Support Calculator In Virginia In Santa Clara
Category:
State:
Multi-State
County:
Santa Clara
Control #:
US-00004BG-I
Format:
Word;
PDF;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
California determines alimony based on the recipient's “marital standard of living,” which aims to allow the spouse to continue living in a similar manner as during the marriage.
For couples without children, the formula involves subtracting 50% of the gross income of the receiving spouse from 27% of the gross income of the paying spouse. If there are children involved, the courts consider 58% of the receiving spouse's income and 26% of the paying spouse's income.
Factors that may determine spousal support in Virginia include but are not limited to: Factors which contributed to the dissolution of the marriage. Age differences between the two parties. Assets owned by either party. Debts owed by one or both parties.
You can start a spousal support case in Virginia Juvenile & Domestic Relations district courts by filing a petition. Find your local J&DR district court at this page, with links to each local court. The local J&DR district court can provide you more information about how to file a spousal support petition.
There is no fixed rule or set duration that automatically makes one spouse eligible or ineligible for alimony payments. However, marriage length is a crucial factor judges consider when determining whether to award alimony and, if so, how much and for how long.
In Virginia, the courts consider various factors to determine eligibility for spousal support during separation. Under Virginia Code § 20-107.1, judges evaluate whether one spouse has a genuine need for support and whether the other spouse has the ability to provide it.
For couples without children, the formula involves subtracting 50% of the gross income of the receiving spouse from 27% of the gross income of the paying spouse. If there are children involved, the courts consider 58% of the receiving spouse's income and 26% of the paying spouse's income.
A spouse is more likely to receive an award of spousal support with no defined duration, where spousal support will continue until death of either party or remarriage, if there was a long-term marriage and the spouse seeking support is nearing or at retirement age, or unable to become sufficiently employed to provide ...
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.
Two of the biggest alimony factors in Virginia when awarding spousal support are the financial need of the party asking for support and the ability of the person paying to supplement the income of the requesting spouse to meet their needs.
