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.
Massachusetts 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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FAQ
Hear this out loud PauseMarriages of 20 years or less ? Alimony can't be required for more than 80 percent of the number of months you were married. Marriages of more than 20 years ? The court can award alimony for as long as the judge thinks is fair.
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.
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.
Hear this out loud PauseIf 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) Agreement to Change a Judgment/Temporary Order (CJD 311)
Parties to the divorce may also draft their own Separation Agreements but for those couples who want to ensure the document is drafted correctly the first time should consider consulting an expert. MWI is available at 617-895-4028 to assist or to provide a free consultation.
Hear this out loud PauseMassachusetts Alimony Requirements One of the most notable alterations is the provision generally specifying that alimony orders terminate when the payor reaches ?full retirement age.? The age of retirement is based on Social Security guidelines, currently set between age 66 and 67.
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
"Once issued, general term alimony orders shall terminate upon the payor attaining the full retirement age." The statute further notes that the individual's ability to work past retirement age is not generally a reason to extend alimony.
