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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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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.

The Minnesota Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Obliged Spouse's Changed Financial Condition is a legal document used in divorce cases in Minnesota. This affidavit allows the defendant spouse to request a modification or removal of alimony provisions in the divorce decree due to significant changes in the financial situation of the obliged spouse. Keywords: Minnesota, Affidavit of Defendant Spouse, Motion to Amend, Motion to Strike, Alimony Provisions, Divorce Decree, Obliged Spouse, Changed Financial Condition. Types of Minnesota Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obliged Spouse's Changed Financial Condition may include: 1. Affidavit of Defendant Spouse Seeking Modification of Alimony: This type of affidavit is used when the defendant spouse seeks a modification of the alimony provisions in the divorce decree. It includes detailed information about the obliged spouse's changed financial condition, such as loss of employment or a decrease in income. 2. Affidavit of Defendant Spouse Seeking Removal of Alimony Provisions: In cases where the defendant spouse wants to completely strike out the alimony provisions from the divorce decree, this affidavit is used. It presents evidence and supporting documentation demonstrating why the alimony provisions are no longer necessary or justifiable, based on the obliged spouse's changed financial condition. 3. Affidavit of Defendant Spouse Challenging Financial Claims: This affidavit is filed when the defendant spouse disputes the financial claims made by the obliged spouse, which are used as the basis for determining alimony. It addresses inaccurate or misleading information regarding the obliged spouse's financial condition and explains why the alimony provisions should be modified or struck based on the truth. 4. Affidavit of Defendant Spouse Demonstrating Debt Burden: In situations where the defendant spouse's financial condition has been significantly burdened by debts, this type of affidavit may be used. It outlines the details of the debt and explains how it affects the defendant spouse's ability to meet the alimony obligations or requests a modification or removal of the alimony provisions. These different types of affidavits cater to specific circumstances faced by the defendant spouse in a divorce case, allowing them to present a compelling argument for the modification or striking of alimony provisions based on the obliged spouse's changed financial condition. An experienced family law attorney can provide guidance in selecting and preparing the appropriate affidavit based on the specific circumstances of the case.

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How to fill out 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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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.

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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