This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. 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 Mexico Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition
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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 Obligor Spouse's Changed Financial Condition?
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Some couples agree, in advance, to make spousal support awards non-modifiable, which means neither can ask the court in the future to adjust the order. However, absent an agreement to the contrary, the law in New Mexico permits judges to review spousal support awards if a change in circumstances exists.
The recommended formula is as follows: In cases with no child support agreement: ?30% of Payor's Gross Income minus 50% of Recipient's Gross Income? In cases with a child support agreement: ?28% of Payor's Gross Income minus 58% of Recipient's Gross Income?
The longer your marriage, the more likely it will be that alimony or spousal support is awarded in your case. The 10-year mark is when many attorneys begin to consider it a ?long? marriage. Marriages over 20 years qualify for permanent alimony or spousal support.
Under the family laws of New Mexico, alimony or spousal support may be temporary, permanent, or transitional. Alimony or spousal support may also be modifiable or non-modifiable as determined by the Court or by the agreement of the parties.
Child support in New Mexico is set by the statute known as the New Mexico Child Support Guidelines. It is a straightforward formula that looks at the gross income (before taxes and withholdings) of both parents, multiplied by the number of children. The formula tells you what the base child support will be.
New Mexico is a ?community property? state and also an ?equitable distribution? state. This means that marital assets and debts are generally split 50/50 between the spouses unless another division is agreed by the spouses.
However, the tax law in the United States changed and for all alimony agreements or awards entered after December 31, 2018, spousal support is no longer deductible for the paying spouse or included in the receiving spouse's income for income tax purposes.
In New Mexico, there are three types of spousal support that can be awarded to you or your spouse. Long Term Alimony is the type most people think of when they hear the word ?alimony.? Long-term support has an indefinite duration, which means it's paid until the supported spouse dies or remarries.
