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.
Missouri 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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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
Legally Stopping Alimony Payments Age and health. Amount of time required to find employment or become trained. Comparative earning capacity. Current income, available resources, and ability to self-support.
There is no formula for the calculation of the amount of spousal maintenance in Missouri. The determination is made on a case by case basis, and is dependent on the income and expenses of both parties.
One party can ask the court to change the order, or the parties can enter into an agreement to the modification of decrees. In Missouri, child custody orders (unless designated "nonmodifiable") can always be modified if certain requirements are met.
Nonmodifiable maintenance generally does not stop upon remarriage or death. It is a Court Judgement that is awarded to you, with a fixed amount and timeframe. If your ex wins the lottery the day after the Judgment is final, it does not matter.
The court might set a deadline by which the recipient no longer qualifies, such as at the end of a 4-year degree, remarriage of a spouse or death of a spouse. It usually lasts indefinitely--until a court modifies or ends it. This is called ?modifiable maintenance and is the result preferred by Missouri statutes.
Missouri does have alimony, but it's commonly referred to as spousal support or simply ?maintenance.? Let's explore more about spousal support in Missouri, explaining how it's determined, how long it lasts, the qualifications the spouse seeking maintenance must meet, etc.
Under modifiable maintenance, the court may order that the maintenance be decreased, increased, terminated, extended, or otherwise modified based upon a substantial and continuing change of circumstances. A party must bring an action to modify maintenance and in order for the court to modify it.