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.
Minnesota 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
There's not a one size fits all solution for spousal maintenance, as every case is unique. The courts make determinations about the length and amount of spousal support that is needed. Minnesota Courts make their decision based on fairness to both parties and do not take into consideration any marital misconduct.
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.
For traditional marriages of 25 or more years, an award of ?permanent? spousal maintenance is likely (assuming a sufficient need, ability to pay, and disparity of incomes).
Example: If you and your spouse bought a house together after getting married, and paid the mortgage from earnings, the law says the house is a "marital asset." In the divorce, each spouse is entitled to a "fair and equitable share" of all the marital assets.
Unlike child support, there is no standard formula for calculating spousal support in Minnesota. In general, however, the longer you've been married, and the greater the disparity in earning capacity between the spouses, the more likely it is that a substantial maintenance award will be made.
How Is the Amount of Spousal Maintenance Calculated? Minnesota law does not provide a formula for calculating the amount that the court may order one spouse to pay to another after a divorce.
Minnesota Statute 518A. 39 provides that the court may change support orders if there is a substantial change in circumstance which makes the terms of the order unfair. One or more reasons must be shown: Increase or decrease in gross income or need of either parent.
In Minnesota, child support obligations automatically terminate upon your minor child's emancipation. If you have more than one minor child, then the child support obligation terminates upon your youngest minor child emancipating. You don't have to go back to Court for child support to terminate.