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.
Virginia 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
A key fact is that there is no right or entitlement to spousal support in Virginia. Whether or not a spouse receives alimony is determined on a case-by-case basis.
What are the factors that go into a spousal support determination? The earning capacity, obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit-sharing or retirement plans, of whatever nature. The standard of living established during the marriage.
Alimony (spousal support) in Virginia is on an indefinite basis. Indefinite alimony can be raised or lowered over time if there is a change of circumstances. Effective July 1, 1997, cohabitation with a member of the opposite sex is now a factor which may justify termination of spousal support.
The formula stated in § 16.1-278. is: (a) 30% of the gross income of the payor less 50% of the gross income of the payee in cases with no minor children and (b) 28% of the gross income of the payor less 58% of the gross income of the payee in cases where the parties have minor children in common.
What is Divorce by Affidavit? An affidavit is a legal document in which one or more parties affirms that a certain set of facts is true. If a couple going through a divorce agrees on all the relevant issues and wants to avoid the hassle and expense of a lengthy court case, they opt for a Divorce by Affidavit.
Marriages that lasted less than five years will often not be granted spousal support at all, unless there is a specific circumstance that warrants it for a short amount of time.
Upon petition of either party the court may increase, decrease, or terminate the amount or duration of any spousal support and maintenance that may thereafter accrue, whether previously or hereafter awarded, as the circumstances may make proper.
The purpose of rehabilitative support is to provide the recipient spouse with the time and financial means necessary to acquire the education or job training required to find employment that will allow that spouse to become financially independent.