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.
Ohio 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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A fairly common amount of spousal support is two thirds of equalization. As an example, say spouse #1 has an income of $50,000 per year and that spouse #2 has an income of $14,000 per year. The difference in their incomes is $36,000. One-half of that amount is $18,000 or $1,500 per month to equalize their incomes.
In Ohio, spousal support may last indefinitely, may be modified up or down depending on the language in the decree, or terminate upon a certain date or specific event.
Termination of Spousal Support In most cases, spousal support orders contain provisions for the support obligation to end upon the death of either party, the marriage of the payee (spouse receiving support), or the payee's cohabitation with an unrelated adult.
Ohio Spousal Support Cohabitation With that being said, if your decree doesn't address either of these terms, you cannot modify alimony payments. To prove cohabitation in court, you must collect evidence such as joint rental or lease agreements, shared utility bills, and other shared household expenses.
Whether seeking a decrease or increase in spousal support or a change to the term of the spousal support, a motion must be filed with the Court to get the process started. It is important to understand that the Court only has the power to modify the spousal support AS OF THE DATE THE MOTION IS FILED.
If you are seeking a modification in spousal support due to a change in circumstance, whether such change is due to a retirement, loss of job, request for higher support, or request for payment of a lower support, a motion must be filed with the Court to get the process started.
Cohabitation is considered a significant change of circumstances in Ohio. However, judges will only terminate spousal support because of cohabitation when the party receiving the payments has lived with a romantic partner for some time and shares living expenses with them.
Although lifetime spousal support is expected in lengthy marriages, the spousal support's duration is determined by each case's circumstances. If permanent support is not awarded in a lengthy marriage, the general rule of thumb allows the spousal support duration to be one-third of the marriage.