This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the grounds that since this order was made, the conditions and circumstances on which the order was based have materially changed. 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 by Obligor Spouse on Application to Modify Order for Alimony
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How to fill out Affidavit By Obligor Spouse On Application To Modify Order For Alimony?
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Financial disclosures affect determinations regarding property division, debt division, child support, alimony or spousal support, and possibly more. For this reason, the Family Law Rules and Procedures in Florida require that every divorcing couple submit certain documents for financial disclosure.
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.
Can Florida alimony be modified? Florida permanent alimony can be modified or terminated if there is an unanticipated, substantial, material, and involuntary change in the circumstances of either party, that was not contemplated for at the time the alimony was awarded.
Mandatory disclosure requires each party in a family matter to provide the other party with certain financial information and documents. These documents must be served on the other party within 45 days of service of the initial petition or supplemental petition for modification on the respondent.
In Florida, you need to fill out something called a Family Law Financial Affidavit. There are two forms of the financial affidavit for divorce in Florida, a short form and a long form. If your annual gross income is less than $50,000, you can use the short form; if more, you must use the long form.
The Florida Supreme Court has approved a Family Law Rule Committee proposal that permits divorcing couples, under certain circumstances, to waive the filing of financial affidavits. The amendments to Rule 12.285, which take effect November 1, apply only to uncontested divorces.
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.
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.