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.
Florida 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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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.
Be sure that your financial affidavit is notarized before filing it with the Court, as the statute requires the document be sworn.
If either party's circumstances change while periodic alimony is in effect, the court can increase, reduce, or eliminate the payments. Such adjustments cannot be done to lump sum alimony, however. Once the court has ruled on a lump sum case, its decision is final and non-amendable.
This holds true for both contested and uncontested divorce cases. Even when both parties remain cordial, courts require the financial affidavit in Florida. Without complete financial disclosure, the divorce agreement will not be recognized by the state of Florida.
In most family law cases, including divorces, child support cases, and modifications of alimony or child support, each party will be required to complete a Family Law Financial Affidavit. A financial affidavit is generally not required for adoptions, injunctions, and uncontested divorces.
The Process of Alimony Modification in Florida You must serve a petition on your spouse, comply with extensive financial disclosure requirements, go to mediation, and then go to a final trial if there is no agreement or settlement.
Under Florida law, certain alimony payments are considered non-modifiable. Non-modifiable alimony refers to a type of spousal support that cannot be changed or altered by either party.
Rehabilitative alimony cannot exceed 5 years in duration. Limits Durational alimony payments to the recipients ?reasonable needs? or thirty-five percent of the difference in net incomes of the spouses, whichever is less. Durational alimony may not be awarded following a marriage lasting less.
