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.
Oklahoma 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
Remarriage or Re-cohabitation If your spouse enters into a common-law relationship or remarries, you could have grounds to terminate or reduce spousal support, but it is not an automatic termination. Many people think spousal support can be terminated if they remarry or their ex remarries, but that is not the case.
Getting remarried does not automatically end the spousal support - however, upon reevaluation it may be reduced, suspended, or terminated. Decisions are made case by case.
Modifying the Decree The law recognizes that changes can happen in the future. Modification of orders relating to children (custody, visitation, support) is possible, subject to certain standards. Child support can be modified due to a change in child care or medical costs, or one parent's change in income.
Remarriage does not mean automatic termination of spousal support, but support is often reduced or suspended or sometimes even terminated. Compensatory support is often treated differently from non-compensatory support. Much depends upon the standard of living in the recipient's new household.
This time is usually based on how long you and your spouse were together. Often, spousal support will last for between six months and one year for every year you were married or lived together. But if you were married for a long time and you're older when you separate, spousal support might not have an end date.
When does spousal support usually end in Alberta? There is no set period for spousal support after a marriage or adult interdependent relationship ends in Alberta. In the absence of a spousal support agreement made between separating spouses, the judge will decide how much support must be paid and for how long.
Generally, changes in the recipient spouse's living conditions, such as remarriage or new employment, will not result in a change in the Table amount of child support. This is because the payor's obligation is to the child directly: children have a right to benefit from their parents' financial means.
As a rule, a support recipient's second marriage or new common-law relationship does not automatically terminate spousal support. The exception to that rule is where an existing court order or separation agreement specifically says remarriage or cohabitation by the support recipient will end payments.