This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the grounds that since this order was made, the conditions and circumstances on which the order was based have materially changed. 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.
Divorce With Alimony In Allegheny
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Multi-State
County:
Allegheny
Control #:
US-00005BG-I
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FAQ
Remarriage of the party receiving alimony shall terminate the award of alimony.
Alimony is ordered when one spouse cannot meet their own reasonable needs. Once a divorce decree is finalized and all property is equitably distributed, financial support is known as alimony in Pennsylvania. The amount and duration of alimony are based on consideration of a wide variety of factors, including income.
Pennsylvania judges have a lot of discretion when deciding how long an alimony award should last. The award can be for a definite or indefinite period of time—the main requirement is that it be "reasonable under the circumstances." (23 Pa.
The determination of spousal support is made by taking the difference in the net incomes of the parties, and multiplying that figure by a certain percentage (40% in cases where there is no concurrent child support, and 30% where there is child support in place).
Most types of alimony will only last a short period and will have a specific end date. State laws vary, but, for example, if you've been married for five years, alimony could last for 2.5 years, depending on your location. Under very special circumstances, a spouse will be awarded permanent alimony.
Under these circumstances, a divorce can be granted without a court hearing; Irretrievable breakdown (the marriage cannot be fixed) - you and your spouse have lived apart for a period of at least one year, and you file a complaint saying that the marriage is irretrievably broken (unfixable).
The court will determine how long you or the other party will receive alimony. If you have been married for 20 years or longer, there is no limit to how long you can receive alimony. However, if you were married for less than 20 years, you cannot collect alimony for more than 50% of the length of the marriage.
STEP ONE: The Notice to Defend and Divorce Complaint A divorce case is started with the filing of a “Complaint.” There are two forms that must be attached to the Complaint: the “Notice to Defend and Claim Rights” must be attached on top, and the “Verification” must be attached on the bottom.
The determination of spousal support is made by taking the difference in the net incomes of the parties, and multiplying that figure by a certain percentage (40% in cases where there is no concurrent child support, and 30% where there is child support in place).