This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent 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.
New Hampshire Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Cohabitation By Dependent Spouse
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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 Cohabitation By Dependent Spouse?
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FAQ
New Hampshire statute 4, Orders for Support of Spouse, states that "If either spouse is living apart from the other without justifiable cause or willingly absents himself or herself from the other, the superior court, upon his or her petition, or if insane by his or her guardian or next friend, may issue orders ...
If the parties are able to come to an agreement informally or if they use the collaborative process, the divorce can only take a few months. If the case is contested and has to go before a judge, the process can take a year or longer depending on the complexity of the issues and the court's docket.
The Decree of Divorce is typically a one page document which includes, among other things, the name of the Court issuing the Decree, the names of the parties, the reason for divorce, whether the divorce was resolve by agreement of the parties or after a trial, and the date the divorce occurred.
New Hampshire's laws To receive alimony, your spouse must prove they have substantial need for your support. They will likely meet this threshold if they cannot make ends meet or maintain your marital lifestyle without your help. In most cases, any support you provide will only last half the length of your marriage.
The formula amount is 30% of the difference between the gross income of the spouses, reduced by subtracting child support and the costs of other specified expenses. Cohabitation can affect alimony payments in New Hampshire.
If your income has gone up, you may or may not have to pay more in alimony. If your ex-spouse asks for a modification, they will have the burden of proving your changed circumstances to the court (that your income has increased).
In New Hampshire, alimony modification is governed by RSA 4-aa. With a petition to the court and proper notice to the other party, a court may modify or terminate an alimony order. If there is an existing alimony order, then any request to renew alimony must be made within five (5) years of the termination date.