• US Legal Forms

North Carolina Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff

State:
Multi-State
Control #:
US-00002BG-I
Format:
Word; 
PDF; 
Rich Text
Instant download

Description

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 North Carolina 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 serves to request a modification or elimination of alimony obligations mentioned in a divorce decree when the plaintiff has remarried. Keywords: North Carolina, Affidavit of Defendant Spouse, Support of Motion, Amend, Strike, Alimony Provisions, Divorce Decree, Remarriage, Plaintiff. In North Carolina, individuals can file an Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff to seek changes to the alimony provisions stated in a divorce decree after the plaintiff's remarriage. This affidavit is typically filed by the defendant spouse who is responsible for paying alimony to the plaintiff. The purpose of this affidavit is to prove to the court that circumstances have changed since the original divorce decree was issued and that the alimony provisions should be amended or struck altogether. The most common reason for requesting such modifications is the plaintiff's remarriage, as it often forms a legal basis for modifying or terminating the alimony payments. By filing this affidavit, the defendant spouse is seeking relief from the financial burdens imposed by the original divorce decree. It allows them to present evidence and arguments supporting the need to modify or eliminate the alimony obligations resulting from the plaintiff's remarriage. This document plays a crucial role in convincing the court to reconsider and alter the existing alimony provisions. Different types of North Carolina Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff can be classified based on specific circumstances or factors. For example: 1. Affidavit of Defendant Spouse in Support of Motion to Amend Alimony Provisions: This affidavit is filed when the defendant spouse seeks a modification of the alimony provisions rather than complete elimination. They may argue for a reduction in the alimony amount or a change in the payment terms due to their financial circumstances changing since the original divorce decree. 2. Affidavit of Defendant Spouse in Support of Motion to Strike Alimony Provisions: This affidavit is filed when the defendant spouse believes that the alimony obligations should be completely eliminated. They must provide substantial evidence and persuasive arguments showing that the plaintiff's remarriage warrants the termination of the alimony payments entirely. In conclusion, the North Carolina Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff is a document used to request modifications or termination of alimony obligations specified in a divorce decree when the plaintiff has remarried. It allows the defendant spouse to present evidence and arguments supporting the need for changes in the alimony provisions. Different types of affidavits can be filed based on the desired outcome, such as amendment or complete elimination of alimony.

Free preview
  • Form preview
  • Form preview

How to fill out North Carolina Affidavit Of Defendant Spouse In Support Of Motion To Amend Or Strike Alimony Provisions Of Divorce Decree On Remarriage Of Plaintiff?

Are you currently in the place that you require papers for possibly organization or personal uses almost every working day? There are tons of lawful document web templates available on the Internet, but getting versions you can trust is not straightforward. US Legal Forms delivers thousands of develop web templates, much like the North Carolina Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff, which are created to satisfy federal and state specifications.

When you are currently informed about US Legal Forms internet site and also have a merchant account, just log in. Next, you can down load the North Carolina Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff format.

Unless you offer an profile and want to begin to use US Legal Forms, abide by these steps:

  1. Get the develop you will need and make sure it is for your proper city/area.
  2. Use the Preview button to check the form.
  3. Look at the information to ensure that you have chosen the correct develop.
  4. When the develop is not what you are searching for, utilize the Lookup field to discover the develop that meets your requirements and specifications.
  5. If you find the proper develop, just click Get now.
  6. Opt for the rates plan you would like, fill in the necessary information to create your money, and pay for an order making use of your PayPal or bank card.
  7. Choose a handy data file structure and down load your backup.

Get all of the document web templates you possess bought in the My Forms food selection. You can obtain a additional backup of North Carolina Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff anytime, if needed. Just click on the necessary develop to down load or produce the document format.

Use US Legal Forms, probably the most extensive selection of lawful kinds, to save time and prevent faults. The support delivers professionally created lawful document web templates that can be used for an array of uses. Create a merchant account on US Legal Forms and start creating your way of life a little easier.

Form popularity

FAQ

North Carolina law does not have a formula for setting alimony. The judge decides how much alimony is appropriate after analyzing many factors. If support is awarded, the court also determines whether the support will be temporary or ongoing.

The equitable distribution statute requires an equal division of the couple's marital property. In an equal distribution, one spouse would receive 50% of the marital property and the other spouse will also receive 50% of the marital property.

Moving Out Can Affect Spousal Support Payments This also often sets a negative precedent when it comes to spousal support. The court may presume that the amount you pay is financially viable and order you to continue to pay that amount, or something similar.

In North Carolina, the responsibility for spousal support, also known as post-separation support and alimony, is not automatically imposed on one party or the other. Instead, the court determines it case-by-case, considering various factors.

What is a spouse entitled to in a divorce in NC? A spouse is typically entitled to some amount of alimony or spousal support, depending on the decision of the NC divorce courts. A spouse may also be entitled to a 50/50 split of marital property if so decided by the courts.

If One Spouse Wants the Other to Leave North Carolina courts have the power to force a spouse out of the marital residence if the other can prove a claim for divorce from bed and board, child support, and alimony or postseparation support where fault is shown.

When a spouse is served with divorce papers, they generally have 30 days to respond. If the party agrees to the divorce, they may sign a waiver. This essentially gives up the requirement to wait 30 days to respond to the divorce. Instead, the divorce can proceed immediately.

In addition, in North Carolina, the summons states that you must respond to the complaint with your written answer within 30 days by serving the plaintiff or the plaintiff's attorney and filing the answer with the Clerk of Court. The complaint is the pleading that the other spouse filed to initiate the divorce process.

Interesting Questions

More info

Fill in your name as Plaintiff and your spouse's name as Defendant, in the appropriate places. C. Check the box marked “Petition to Assert Claims.” D. If you ... 3. Motion to Amend or Strike: Highlight the intention of the affidavit, which is to request changes in the alimony provisions of the divorce decree. 4. Alimony: ...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 packet provides information, steps, and forms for getting an absolute divorce. The separation agreement further provided that the liability of the plaintiff husband with respect to the maintenance and support of his wife and two minor ... This appeal is from the court's ruling on defendant's motion to strike designated portions of the complaint. Plaintiff's unchallenged allegations are as follows ... The action is for annulment of the marriage. To obtain this relief, plaintiff attacks the divorce decree. This action concerns its validity as between plaintiff ... Feb 17, 2021 — On May 9, 2020, Defendant filed a Motion to Institute Standing Pretrial Order,. Amended Financial Affidavit, Amended Child Support Guidelines ... The Defendant is a supporting spouse, in that he is the person the Plaintiff is actually substantial dependent upon for her maintenance and support, and in ... Dec 8, 2022 — ... spousal support to permit a petition to modify the spousal support award should Rico receive disability payments, thereby reducing the ...

Trusted and secure by over 3 million people of the world’s leading companies

North Carolina Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff