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 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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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.