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.
Iowa 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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Iowa Code section 598.21. Spousal support, which you may have heard called alimony, can be granted to either spouse. The court can order support for either a specific time period or an indefinite time period.
If you are dissatisfied with the final judgement entered by the district court, you may appeal the decision within 30 days of the final judgement. Cases involving termination of someone's parental rights or Child in Need of Assistance (CINA) cases, however, must be appealed within 15 days.
Each party must complete a Financial Affidavit. If fil you include protected information on this form, fill out or update the Protected Information Disclosure (form 111) if you have not already done so. If you do not understand how to use this form, or if you should use this form, talk to an attorney.
How do I change certain provisions in my divorce decree? Dissolution decrees may be modified if the court finds that a substantial change of circumstances has occurred. A party must apply to the court for a modification of a decree.
When determining if there is a substantial change in circumstances, the court shall consider numerous factors, including: changes in the employment, earning capacity, income, or resources of a party, changes in the physical, mental, or emotional health of a party, changes in the residence of a party, or remarriage of a ...
A decree may include provisions for child support, alimony or spousal support, or property settlement payments. If it does, these periodic payments owed by a party become judgments and show up in the court file. The divorce records must be public because, in Iowa, judgments are entered against real property ownership.
If you think you may need an attorney, are a victim of domestic abuse and are low-income, Iowa Legal Aid may be able to help in a divorce case.
A ?Need and Ability? evaluation will focus on earning capacity of the spouses, and whether there is a significant disparity in the earning capacity, not necessarily income levels. Generally, a marriage of 20 years or longer is considered the threshold duration for traditional alimony.