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.
Maine 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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FAQ
The Supreme Court in one of its landmark judgments has set a benchmark for maintenance to be paid by a husband to his estranged wife. It stated that 25% of the net salary of the husband might constitute a ?just and proper? amount as alimony.
Spousal support is terminated if one of the spouses passes away or if the recipient remarries or cohabits in a mutually supportive relationship for at least 12 consecutive months.
Once the court establishes a need for support, the judge will evaluate the following factors to determine the type, duration, and amount of support: the length of the marriage. each spouse's ability to pay, age, employment history, and employment potential. both spouse's income history and income potential.
Basic Rules of Spousal Support in Maine As mentioned above, the general rule is that a marriage must have lasted 10 years or more in order for alimony/spousal support to be awarded. That general rule will be adhered to unless it would produce an "unjust" result.
In Maine, judges are bound by the ?equitable distribution? standard. This means that marital property is to be divided in a manner that is fair and equitable to both parties?not necessarily an equal 50/50 split, though that is sometimes the case.
If the wife is non-working then the court will consider her educational qualifications and her capability to earn to decide the amount of alimony. If the husband is differently-abled and is not able to earn and the wife is earning well then in such circumstances the court grants alimony to the husband.
A judge cannot simply add the new spouse's income to the parent's income and then use the child support formula to calculate a new child support amount but may treat the additional income as part of the parent's overall household income.