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.
California 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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How to fill out 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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FAQ
Under Family Code §4323, a presumption of reduced need for spousal support arises when the supported spouse is ?cohabiting? with a nonmarital partner.
The key factors analyzed in an alimony decision are each spouse's income, ability to earn and standards of living established during the marriage. If there is a history of violence, abuse or certain criminal convictions, however, this could bar a spouse from receiving alimony payments under California law.
When a supported spouse gets remarried, alimony typically ends. However, if a supported spouse is simply living with someone else or has an increase in income, the paying spouse needs to file a motion to modify support and ask a court order to lower or end alimony payments.
Factors such as standard of living, earning capacity, ability to pay, and self-sufficiency are considered in determining support. Spousal support orders can be modified if there is a significant change in circumstances.
Court has the power to reduce alimony. If the court determines there is cohabitation with a non-marital partner, the court has the power to modify or terminate the alimony. No need to hold the other out as a spouse.