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.
The Michigan Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff is a legal document that is used in the state of Michigan when the defendant spouse wishes to request a modification or elimination of spousal support/alimony obligations outlined in a divorce decree due to the remarriage of the plaintiff. Key Points: 1. Purpose: The affidavit is submitted to the court to support the defendant spouse's motion to amend or strike the alimony provisions of the divorce decree based on the changed circumstances of the plaintiff's remarriage. 2. Legal Basis: The affidavit relies on Michigan's family law statutes and guidelines pertaining to spousal support modifications and termination. 3. Detailed Information: The affidavit should provide a comprehensive overview of relevant details such as the existing divorce decree, the remarriage of the plaintiff, the financial impact of the remarriage, and the reasons justifying the need to modify or strike the alimony provisions. 4. Financial Assessment: The affidavit should present a thorough financial assessment of both the defendant and the plaintiff, covering income, assets, debts, expenses, and any significant changes resulting from the remarriage. 5. Supporting Documentation: Any supporting documentation, such as copies of the divorce decree, proof of remarriage, financial records, and other relevant evidence, must be attached to the affidavit. 6. Legal Argument: The affidavit may include a persuasive argument, citing relevant legal precedents, case law, or specific provisions of the divorce decree that support the request for modification or termination. 7. Declarations: The document typically contains sworn statements and declarations from the defendant spouse attesting to the accuracy and truthfulness of the information provided. 8. Certification of Service: The affidavit must include a certification of service, confirming that copies of the motion to amend or strike, along with the affidavit, have been properly served to the plaintiff and other interested parties. 9. Signature and Notarization: The affidavit must be signed by the defendant spouse in the presence of a notary public, who will then notarize the document to establish its validity. Different Types: 1. Standard Michigan Affidavit of Defendant Spouse in Support of Motion to Amend Alimony Provisions: This affidavit is used when the defendant spouse seeks a modification of the alimony provisions in the divorce decree but does not request the complete termination of alimony. 2. Michigan Affidavit of Defendant Spouse in Support of Motion to Strike Alimony Provisions: This affidavit is used when the defendant spouse wishes to eliminate the alimony provisions entirely from the divorce decree due to the plaintiff's remarriage. 3. Michigan Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions with Child Support Modifications: In instances where there are child support provisions intertwined with alimony, this type of affidavit is used to request modifications or termination of both alimony and child support obligations following the plaintiff's remarriage.
