This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the remarriage of the plaintiff former 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.
District of Columbia Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff
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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 On Remarriage Of Plaintiff?
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The short answer is ?yes,? but only under certain conditions. Again,there must be a ?substantial change of circumstances? and the decree of divorce cannot say that spousal support is non-modifiable. Spousal support modifications may only affect future payments, which means there will be no retroactive support refunds.
The person who wants the amendment must file a petition requesting a modification to the original decree. Then, they must serve a copy of the petition to their ex-spouse. The petitioner may also need to provide evidence of a significant change in the circumstances since the original decree was ordered.
With no-fault grounds, neither spouse is accusing the other of wrongdoing. D.C. doesn't allow fault-based divorces.
In Washington, couples are entitled to the right to cancel their divorce petition at any time before the judge signs the final divorce decree. Keep in mind that the process can vary depending on whether the divorce filed was contested or uncontested.
Washington spousal maintenance generally ends if the spouse receiving then maintenance remarries. In some cases, however, the parties may agree or the divorce decree may provide that maintenance continue beyond remarriage.
The statute in Washington DC that concerns alimony is the Code of the District of Columbia §16-913. Under this statute, the family court has the ability to order the payment of spousal support at the conclusion of any divorce or domestic separation case.
How do you modify spousal maintenance (alimony) in Washington State? The party seeking modification must prove to the court a substantial change in circumstances, and he or she must do so prior to the existing maintenance obligation expiring.
Separation without cohabitation for at least six months, if the separation is mutual and voluntary (in other words, if you and your spouse agree to separate), OR Separation without cohabitation for at least one year, if one of you does not agree to the separation and divorce, then the required separation period is one ...