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.
Arkansas 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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Division of property ? Definition. (A) All marital property shall be distributed one-half (½) to each party unless the court finds such a division to be inequitable.
After you serve the counterdefendant with your counterclaim and file proof of service with the court, you simply attend your small claims mediation or hearing.
Counterclaim. The defendant may file a counterclaim, which asserts that the plaintiff has injured the defendant in some way, and should pay damages.
The counterclaim provides the responding party an opportunity to make their own allegations about the reason for the divorce and a chance to tell the court what they are asking for.
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.
A counterclaim allows you to ask the court to resolve issues that your spouse failed to include in the complaint. For example, if your spouse failed to list all your rental properties in the divorce petition, you can ask the court to resolve these issues in your counterclaim.
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.
An answer to a counterclaim is a written response by a Plaintiff to a Defendant's counterclaim. The answer to counterclaim must also state defenses to each of the Defendant's counterclaims in short, plain statements.