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.
Spouse Alimony In California In Suffolk
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Multi-State
County:
Suffolk
Control #:
US-00005BG-I
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FAQ
Since the goal is to protect mutual standards of living, if your ex remarries or finds themselves once again in a steady double-income household, you may no longer be required to maintain or begin alimony payments.
Specifically in California, disqualification might result from several key factors. One such factor is a significant change in the financial status of the recipient spouse, such as acquiring a new job or receiving an inheritance, which could render them financially independent and no longer in need of support.
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.
Misconduct: Certain behaviors can also lead to the disqualification of alimony. For instance, if a spouse is found to have engaged in financial misconduct, such as hiding assets or failing to disclose financial information during the divorce proceedings, this can result in disqualification.
There is no minimum marriage length to qualify for alimony, but the easier it is for the lower-earning spouse to become self-sufficient, the less support they may receive.
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.
Factors Considered In A California Alimony Judgement Standard of Living: Each spouse's needs are evaluated based on the standard of living they maintained during the marriage. Earning Capacity: The judge assesses the ability of each spouse to earn enough to sustain that standard of living.
40% of the high earner's net monthly income minus 50% of the low earner's net monthly income. For instance, if Spouse A earns $5,000 per month and Spouse B earns $2,500 per month, temporary spousal support might be calculated as follows: 40% of $5,000 = $2,000. 50% of $2,500 = $1,250.