Arkansas Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Cohabitation By Dependent Spouse

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This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent spouse. 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.

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FAQ

Alimony may be awarded where there is an imbalance between the earning power and standard of living between two spouses, particularly where one person has been the ?stay-at-home spouse.? A judge may award alimony to either spouse, including temporary alimony or separation maintenance, while a divorce is pending.

Under Arkansas law, a modification to a divorce decree requires a material change of circumstances. These cannot be changes that occur in the normal course of life, like relocation, remarriage or new siblings. Material changes are often limited to those that involve criminal activity by a parent or new step-parent.

While Arkansas law offers a general guideline of 20 percent of the supporting spouse's net income, judges have no obligation to adhere to that and can award as much or as little as they deem appropriate. Alimony has no relation to child support, which is mandatory and has strict formulas for calculation.

Timeline for the Defendant to Answer Once the defendant is served they generally have 30 days to file a written answer with the court. If the defendant does not file a written answer, then the court may grant the divorce without any notice to the defendant.

Texas has two types of spousal support: ?court ordered spousal maintenance? and ?contractual alimony?. There are significant differences between them: how you get them; how much they pay out; how long they last; and how they are changed or enforced.

Arkansas law allows the judge to order either rehabilitative alimony or permanent alimony. Rehabilitative alimony is of limited duration to allow the recipient spouse time to become self-sufficient.

Arkansas law presumes that a couple's marital property will be split between them 50-50, but several factors may lead a judge to change to unequal distribution. First, though, the judge will determine what is marital and non-marital property. Non-marital property is kept by whoever brought it into the marriage.

In Arkansas, the amount of alimony awarded, and for how long, depends on one party's need and the other party's capacity to pay. The judge will also take some other factors into consideration when awarding alimony.

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Arkansas Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Cohabitation By Dependent Spouse