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North Carolina Affidavit by Obligor Spouse on Application to Modify Order for Alimony

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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.

North Carolina Affidavit by Obliged Spouse on Application to Modify Order for Alimony is a legal document used in family law cases in North Carolina when an obliged spouse seeks to modify the existing order of alimony payments. This affidavit is filled out by the obliged spouse, who is seeking a change in the financial obligations towards their former spouse. Keywords: North Carolina, Affidavit, Obliged Spouse, Application, Modify, Order, Alimony. There are different types of North Carolina Affidavit by Obliged Spouse on Application to Modify Order for Alimony, depending on the specific circumstances of the case. Some common types of these affidavits are: 1. Affidavit to Modify Alimony Payment Amount: This type of affidavit is filed by an obliged spouse who wants to reduce or increase the amount of alimony they are currently paying due to a change in their financial situation. 2. Affidavit to Modify Alimony Payment Duration: This type of affidavit is used when the obliged spouse seeks to modify the duration of alimony payments. They may request to shorten or extend the period of time they are required to make such payments. 3. Affidavit to Terminate Alimony: This affidavit is filed when the obliged spouse wants to terminate alimony payments altogether. This could be due to various reasons, such as the supported spouse becoming self-supporting or changes in the financial circumstances of either party. 4. Affidavit to Modify Alimony Based on Cohabitation: In some cases, when the supported spouse begins cohabitation with another person, the obliged spouse may seek to modify or terminate alimony payments. This affidavit is filled out to provide evidence of cohabitation and support the request for modification. Regardless of the specific type of North Carolina Affidavit by Obliged Spouse on Application to Modify Order for Alimony, it is crucial to provide detailed and accurate information, including financial documentation, supporting reasons for the modification, and any relevant changes in circumstances. Please note that this content is for informational purposes only and should not be considered legal advice. It is advisable to consult with a qualified attorney for guidance on specific legal matters.

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Spouses who have a previous agreement, such as a prenuptial or separation agreement, may waive the right and obligation to alimony and post-separation support. To be legal, the waiver: Must be in writing; The provision to waive alimony is clearly stated; and.

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.

If you are represented by the local CSE agency, you should contact your caseworker. Otherwise, you can file for a modification using this form. The judge will hold a hearing on the motion to modify. You should be prepared to show documentation that justifies your request to modify the child support order.

In most cases, the court will award alimony for the duration of half the length of the marriage. For example, if a couple was married for 10 years, the dependent spouse would get 5 years of alimony. But, the court may deviate from this at any time depending on the circumstances of each spouse.

North Carolina General Statutes § 50-16.7 provides that alimony can be paid by a lump sum payment, periodic payments, income withholding, or by transfer of title or possession of personal property or any interest therein, or a security interest in or possession of real property, as the court may order in its discretion ...

If you sign a separation agreement with your spouse, it could be used to eliminate alimony. The agreement must contain an explicit provision that waives post-separation support and/or alimony. North Carolina family law no longer requires proof of marital fault when requesting a divorce or alimony.

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.

Monthly Alimony for a Set Period Evaluating alimony claims can be difficult because North Carolina does not have any laws, rules, or decisions that set the length of time for alimony. It is up to the judge's discretion, based upon the circumstances of the case.

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Jan 10, 2003 — Form 08 - Affidavit of [ ] Plaintiff [ ] Defendant Seeking Support [ ] Post Separation [ ] Alimony [ ] Child Support From Whom Support is Sought ... (l1) The dependent spouse may apply to the court for an order of income withholding for current or delinquent payments of alimony or postseparation support.INSTRUCTIONS TO PARTIES OR ATTORNEYS: Unless a complete and current form is on file in this case, this form, along with a Certification Of Identity For Child ... (18) "Spousal-support order" means a support order for a spouse or former spouse of the obligor. ... (c1) In a proceeding to modify a child support order, the ... Yes. The Affidavit of Parentage can be signed at your local CSS office or visit the NC Vital Records website. Will my name be placed on the birth certificate? (e) An absolute divorce obtained within this State shall destroy the right of a spouse to equitable distribution under G.S. 50-20 unless the right is asserted ... ... order exists that the petitioner seeks to modify, complete the following section.): 1. Indicate the basis for the modification petition (check all that apply):. How do I change or modify a Child Support Order? In Connecticut, child support orders can only be changed (modified) by a judge or a family support magistrate. Cover Sheet for Child Support Cases. Used in a pleading seeking child support; a motion to modify an existing child support order, or a proposed court order. Feb 1, 2022 — A look at the intersection of child support and incarceration and how child support orders are handled while someone is incarcerated.

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North Carolina Affidavit by Obligor Spouse on Application to Modify Order for Alimony