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.
Kansas 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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8 Ways to Avoid Owing Spousal Support Hire a Skilled Divorce Attorney. ... Sign a Prenuptial Agreement. ... Negotiate a Fair Settlement. ... Prove Your Spouse Has the Ability to Support Themselves. ... Consider Spousal Support Alternatives. ... Avoid Underreporting Income. ... Keep Accurate Financial Records.
In determining whether and in what amount maintenance should be awarded, a Court will consider the age of the parties; the parties' present and future earning capacities; the length of the marriage; the property owned by the parties; the parties' needs, the time; sources and manner of acquisition of property; family ...
Because there are no state community property laws, Kansas courts will determine a ?fair? property division between divorcing parties. For the most part, courts consider each party getting about half of the jointly owned property as fair.
Duration of Alimony: In Kansas, spousal support cannot be awarded for longer than 121 months. However, the parties can agree to a longer term in a property settlement agreement if they chose. Court-ordered maintenance ends when either spouse dies or when the recipient spouse remarries.
Spousal Support: Adultery may be considered when awarding alimony in Kansas in situations where the marital misconduct is so gross and extreme that the failure to penalize the unfaithful spouse would, therefore, be considered inequitable or unfair to the faithful spouse.
When is spousal maintenance paid? If the marriage or civil partnership is short ? less than five years ? it might not be paid at all, or only for a short period. This is called a 'term order'. But where a couple has been together for a long time, or where an ex-partner is unable to work, it can be paid for life.
Unlike many other states, Kansas doesn't have a specific set of factors for the court to consider in alimony cases, but commonly, judges will evaluate: the length of the marriage. each spouse's financial resources. the couple's standard of living during the marriage.
Spousal support is limited to 121 months with a one-time extension of no more than 121 months. Parties can agree between themselves for a longer period of time. The courts may award an allowance for future support in an amount that the court determines to be fair, just and equitable.