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.
Alaska Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition
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How to fill out Affidavit Of Defendant Spouse In Support Of Motion To Amend Or Strike Alimony Provisions Of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition?
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FAQ
Alaska is a "no fault" divorce state, which allows for divorce on the basis of an "incompatibility of temperament." This means that even if your spouse is entirely opposed to ending your marriage, you can still request, and receive, a divorce from the Court. What if I want to modify my divorce or custody order?
Factors for the Court to Consider in Spousal Support Awards both spouses' ability to earn, including their educational backgrounds, training, employment skills, work experiences, length of absence from the job market, and, if applicable, custodial responsibilities for children during the marriage.
Some people call this alimony, but in Alaska it is called spousal support. The court may order spousal support to be paid before the divorce is final, after the divorce, or both. But usually, the court orders spousal support for a specific purpose and a limited amount of time.
Property and debt must be divided in a fair and equitable way. For a marriage of some length, "fair and equitable" often means 50-50. However, after considering the factors listed below, the court may decide that it is "fair and equitable" to give one party more or less than 50%.
Although adultery in Alaska is a basis for divorce, it doesn't impact alimony, in and of itself. That's because Alaska's alimony law specifically states that when deciding alimony issues, judges must not take marital fault into account.
(1) A party may move the court to reconsider a ruling previously decided if, in reaching its decision: (i) The court has overlooked, misapplied or failed to consider a statute, decision or principle directly controlling; or (ii) The court has overlooked or misconceived some material fact or proposition of law; or (iii) ...
To get a no-fault divorce in Alaska you need to state in the Petition that an ?incompatibility of temperament has caused the irremediable breakdown of the marriage.? There are fault-based grounds for divorce, such as adultery, conviction of a felony, desertion, physical and mental abuse, and drug or alcohol addiction.
