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.
Minnesota 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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US-00004BG-I
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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
If the alimony payment is high enough, it could eliminate the Social Security benefit. The SSA considers alimony as unearned income, which is countable and lowers the monthly SSI payment. If you pay your ex-spouse $400 per month in alimony, their SSI benefit is likely reduced by that amount.
Note: If the parties do not agree to amend the Judgment and Decree, a motion to amend must be filed with the court and a hearing scheduled. Following the hearing, an Order to Amend the Judgment and Decree will be signed by the Judge. You or your attorney will still need to prepare the Amended Judgment and Decree.
A party who wishes to bring a motion to modify spousal maintenance may do so by serving and filing a Motion together with supporting Affidavits and Exhibits which inform the court why the existing spousal maintenance award is unreasonable or unfair.
A last point to consider is that while you cannot quit your job to avoid spousal support, there is no obligation to labor 80 hours per week to support your ex-spouse's lavish, unemployed lifestyle. The California Supreme Court in Marriage of Simpson (1992) 4 Cal.
Provided you have not remarried, you may be able to apply to the court for an order that your ex pay you maintenance. If your ex is ignoring a court order you can apply for an Attachment of Earnings order so that the money is taken out of his/her earnings at source and paid to you.
If you and your spouse cannot agree a reduction in maintenance then you will need to make an application to the Court to vary the spousal maintenance. You will be required to show the Court what the financial position was at the time the original spousal maintenance order was made and the current financial position.