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 New York State In Washington
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Unlike many other states where alimony payments are subject to income tax, Washington residents enjoy a simplified tax structure. The spouse receiving alimony payments isn't required to report this income on their state tax return, as the state doesn't impose a tax on personal income.
Typically, the judge will take 20% of the lower-earning spouse's income and subtract that number from 30% of the higher-earning spouse's income. For example, one spouse makes $100,000, and the other makes $20,000. Thirty percent of $100,000 is $30,000, and 20% of $20,000 is $4,000.
Courts usually award each spouse his or her separate property and divide community property 50/50. Consequently, if the house is entirely one spouses' separate property, he or she almost always receives it unless the parties agree otherwise.
Alimony in Medium-Term Marriages (5–25 years) As a general rule of thumb, courts in Washington State award one year of alimony for every three or four years of marriage. There is no statute or case law explicitly stating this formula, but it is an oft mentioned rule and generally what courts can be expected to do.
For long-term marriages (over 25 years), the court will usually try to put both parties in an equal financial position for either the remainder of their lives or until both parties retire. The idea is that after 25 years, the parties should be recognized as financially equal partners.
Washington is a no-fault state, meaning Washington courts are not allowed to consider who brought about the divorce when making most decisions. One exception is if you make a claim about an emergency that conflicts with being the respondent, the party responding to the divorce.
A court in Washington State will usually a) award each party his or her own separate property and b) divide the net value of the parties' community property 50/50. This means the husband keeps what he brought to the marriage, the wife keeps what she brought, and the rest gets split between them equally.
With long-term marriages (20-25 years or longer), judges tend to aim at equalizing the spouses' financial condition for the foreseeable future, sometimes even indefinitely. This is sometimes referred to as "permanent" alimony, even though Washington law doesn't explicitly provide for permanent maintenance.
In New York, spousal support/ maintenance is determined by a guideline calculator based upon the income of the two parties and the length of their marriage. The Court is allowed to deviate from the guideline amount based on a number of potential rebuttal factors, however, such deviations are rare.
