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.
District of Columbia 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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How Washington State Alimony is Calculated. The court looks at several factors when determining an alimony amount. Each spouse's assets, debt, age, income and earning potential, the length of the marriage, and the standard of living they are accustomed to can all factor into the decision.
The roles of each spouse during their marriage; The effect of those roles and the breakdown of the marriage on both spouses' current financial positions; The ongoing responsibilities for care of the children, if any; Any previous orders, agreements or arrangements already made about spousal support.
It must be fair and equitable, and the factors that a judge must consider include the ability of the spouse seeking alimony to be self-supporting, the marital standard of living, the length of the marriage, and the spouses' ages and physical conditions, among many other factors.
Washington DC law is clear that alimony is not meant to be a lifetime pension. If you and your spouse agree, alimony can be for however long you want. If you do not agree, a judge will decide whether alimony will be temporary, indefinite, or structured in some other way that is appropriate for your situation.
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 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.
Qualifying for Alimony the recipient spouse's ability to become self-supporting. the time necessary for the recipient spouse to obtain education or training to become self-supporting. the couple's standard of living during the marriage. the length of the marriage.
(a) When a divorce or legal separation is granted, or when a termination of a domestic partnership becomes effective under § 32-702(d) or § 16-904(e) and one partner has filed a petition for relief available under this section, the Court may require either party to pay alimony to the other party if it seems just and ...