Florida 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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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.

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FAQ

Florida Family Law Rule of Procedure 12.105 sets out the special requirements to use this procedure. First, the parties cannot have any minor or dependent children and the wife must not be pregnant. Second, the parties must agree on the division of all of their assets and debts.

A traditional appeal is the most common and standard form of divorce appeals. It must be filed within 30 days of the original court decision for it to be heard by a Florida District Court of Appeals.

Alimony Modification in Florida. Under Florida divorce law §61.14, alimony payments may be modified by a Florida family law court if there is a substantial change in circumstances of either party. The modification can either increase, decrease, or terminate the alimony paid to an ex-spouse.

There are just two ways to modify a divorce decree in Florida, whether dealing with alimony, child custody and visitation, or child support. You can come to a mutual agreement with the other party before you file your request, or you can file a petition for modification.

How to Modify Your Marital Settlement Agreement or Final Judgment? There are only two ways to modify anything, whether alimony, child support or parenting plan: (1) try to reach an agreement with other side before filing anything or, when that fails (it usually does) (2) file a petition for modification.

How long does a party have to enforce a Florida divorce agreement or judgment? There is a time limit, called a statute of limitations. ing to the Florida Statutes, ?[a]n action on a judgment or decree of a court of record in this state? must be commenced ?[w]ithin twenty years.? 1 § 95.11(1), Fla. Stat.

What Can I Modify After My Divorce Is Settled? Almost any aspect of your divorce decree can be reconsidered by the court at a later date. That said, most post-judgment modifications focus on alimony, child custody, and child support.

If you need to lower or stop alimony, a petition to modify alimony should be filed. Florida law does not allow a person to unilaterally change the terms of alimony, even if they have a legitimate basis to do so. Therefore, if a change is needed you should seek approval from the court.

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Florida Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff