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.
New Jersey Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff
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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 On Remarriage Of Plaintiff?
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FAQ
Filing a Motion: If you need to change or enforce the court order in your divorce, you must file a motion with the same court that issued the court order. A motion is a written request asking the court to change something in the order or make the other party comply with the terms of the order.
New Jersey courts will only modify alimony previously agreed upon in limited circumstances. If you are the person requesting the modification, you'll have the burden of proving a significant change in circumstances and showing why the decrease or increase in payments is necessary.
Basically, you cannot have alimony longer than the length of the marriage. If you were married for eight years, you wouldn't get alimony for more than eight years.
In most cases, alimony is temporary. But, if your marriage has lasted for more than 20 years, you may be eligible to receive permanent alimony. If your marriage has lasted for less than twenty years, New Jersey law limits the amount of time that you can receive alimony to the amount of time that you were marred.
In New Jersey, there is no set formula or rule for how long you have to be married to be eligible for (or required to pay) alimony. The length of the marriage is just one of many factors that are taken into account when determining whether alimony is appropriate and, if so, the amount and duration of the payments.
A request for alimony can be denied in court if the judge decides the payments are unnecessary. Another common reason for alimony rejection is that the payer doesn't make enough money to support both parties.
You and your spouse can amend your MSA after it is filed with the court if you both agree that a change is appropriate. In this case, you may consider attending mediation before either of you files a modification request in court. If one of you disagrees, the other can file a motion in court asking for a modification.
In the State of New Jersey, if you wish to modify or reduce alimony payments, you will need to prove that you have experienced a substantial financial change in circumstances that renders you unable to continue making your alimony payments as presently required.