Massachusetts 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

For marriages greater than 20 years, alimony will be paid until the full social security retirement age of the alimony payer. For most people, full social security retirement age is between 66-68 years old.

After a divorce, you can ask for a change in the amount of alimony you're paying or receiving, or in the length of time that alimony is paid.

Modification: Material Change In Circumstances A material change in circumstances can be a change in the income, employment or employability of either spouse ? for example, if either party has a significant increase or decrease in income or needs due to illness or disability.

The person paying alimony or the person receiving alimony can ask for a change in alimony, or you can both ask together. If you and your spouse both agree that you'd like to change your alimony, you should file a Joint Petition. You'll need to file: Joint Petition/Motion to Change a Judgment/Temporary Order (CJD 124)

Massachusetts laws Length of marriageLength of general term alimony5 up to 10 yearsNo more than 60% of the number of months of the marriage10 up to 15 yearsNo more than 70% of the number of months of the marriage15 up to 20 yearsNo more than 80% of the number of months of the marriage20 or more yearsIndefinite1 more row ?

Alimony also normally stops if: Either spouse dies. The spouse receiving the alimony gets married again.

The easiest way to seek a modification of orders is for both parties to agree on the proposed change. If the parties cannot reach an agreement, and one party really wants a modification, the matter heads to court. The person requesting the change(s) must petition the court to reopen the case.

Alimony in Massachusetts In general, the amount of alimony a spouse pays is not to exceed the need of the recipient; additionally, the amount is not to exceed 30 to 35 percent of the difference between the couple's gross incomes: The gross incomes that were established when the alimony order was issued.

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