This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the grounds that since this order was made, the conditions and circumstances on which the order was based have materially changed. 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.
Washington Affidavit by Obligor Spouse on Application to Modify Order for Alimony
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How to fill out Affidavit By Obligor Spouse On Application To Modify Order For Alimony?
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FAQ
Each spouse's assets, debt, age, income and earning potential, the length of the marriage, and the standard of living they are accustomed to can all factor into the decision. The court evaluates each spouse's earning potential based on the profession, job skills, and experience of each spouse.
How do you modify spousal maintenance (alimony) in Washington State? The party seeking modification must prove to the court a substantial change in circumstances, and he or she must do so prior to the existing maintenance obligation expiring.
Based on the above, it is easy to see how being employed during a divorce could affect a spousal support payment. If working and making enough income to support oneself and maintain a standard of living established during the marriage, an alimony award may be significantly reduced, or even withheld entirely.
If there is an asset or income inequality between former spouses, or one person has been financially reliant on the others, alimony is a way to financially recover after the marriage has concluded. However, alimony is far from a guarantee in the State of Washington. The court will review your case based on its merits.
As a general rule of thumb, courts in Washington State award one year of alimony for every three or four years of marriage. There is no statute or case law explicitly stating this formula, but it is an oft mentioned rule and generally what courts can be expected to do.
The person who wants the amendment must file a petition requesting a modification to the original decree. Then, they must serve a copy of the petition to their ex-spouse. The petitioner may also need to provide evidence of a significant change in the circumstances since the original decree was ordered.
First, you may receive a court order that will order payment. After that, the state may garnish your wages. You open yourself to significant legal jeopardy when you do not pay court-ordered spousal support.
You can work with your spouse to come to a separation agreement outside of court. If you agree that no post-separation support payments should be awarded, you can avoid a potential alimony order from the court.