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.
Examples Of Alimony In Wake
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Multi-State
County:
Wake
Control #:
US-00004BG-I
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FAQ
Texas is one of the most difficult states to win alimony in a divorce. While it is possible to win alimony or spousal support in court, it is much more likely to receive alimony through a private contract created as part of the divorce settlement.
You are not legally obligated to support her. If a divorce is filed the court could make alimony retroactive.
If you are still living with your spouse or former spouse, alimony payments are not tax-deductible. You must make payments after physical separation for them to qualify as tax-deductible. Don't file a joint tax return. If you and your spouse file a joint income tax return, you can't deduct alimony payments.
Alimony is usually around 40% of the paying party's income. This number is different in different states and different situations. The court also looks at how much the other party makes or could make and how much they need to maintain their standard of living.
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.
The person asking for alimony must show the court that he or she needs financial support, and that the other spouse has the ability to provide financial support.
California Alimony 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.