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.
A South Dakota Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Obliged Spouse's Changed Financial Condition is a legal document filed by the defendant spouse in a divorce case to request a modification or elimination of alimony payments based on the obliged spouse's altered financial situation. This affidavit serves as a supporting document to strengthen the defendant spouse's argument for amending or striking the alimony provisions in the divorce decree. When drafting a South Dakota Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Obliged Spouse's Changed Financial Condition, it is crucial to include relevant information and adhere to the legal requirements. Here are some key points to consider: 1. Heading: Clearly state the title of the document, including the names of the parties involved, case number, and court jurisdiction. 2. Introduction: Begin with a brief introduction explaining the purpose of the affidavit and the reason for filing the motion. Clearly state that it supports the amendment or striking of alimony provisions due to the obliged spouse's changed financial condition. 3. Personal Information: Provide personal details, including full legal names, addresses, contact information, and the relationship between the defendant and obliged spouse. 4. Jurisdiction and Divorce Decree Information: Specify the court jurisdiction, date of the divorce decree, and relevant details regarding the alimony provisions outlined in the decree. 5. Changed Financial Condition: Explain in detail the significant changes in the obliged spouse's financial situation that have occurred since the divorce decree was issued. Include information about changes in employment status, income, assets, investments, debts, or any other relevant factors. 6. Supporting Documentation: Attach supporting documents such as tax returns, pay stubs, bank statements, property valuation reports, or other relevant financial records to substantiate the claims of the defendant spouse's changed financial condition. 7. Impact on Obliged's Ability: Describe how the obliged spouse's financial changes directly affect their ability to fulfill the alimony obligations as initially determined in the divorce decree. Emphasize any hardships or unfairness caused by the existing alimony provisions. 8. Request for Relief: Clearly state the desired outcome of the motion, whether it is an amendment to modify alimony payments or a complete striking of the alimony provisions. Specify the reasons why this relief is necessary and justifiable under the given circumstances. 9. Signature: Finally, the affidavit should be signed and sworn before a notary public, ensuring that the information provided is true and accurate to the best of the defendant spouse's knowledge. Additional types of South Dakota Affidavits related to modifying or striking alimony provisions may include variations such as "Plaintiff Spouse's Affidavit in Response to the Defendant Spouse's Motion to Amend or Strike Alimony Provisions," "Affidavit of Supporting Financial Documentation for Motion to Amend Alimony Provisions," or "Affidavit of Financial Hardship Due to Alimony Obligations." These affidavits might be filed by different parties involved in the divorce proceedings.
