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.
Allegheny Pennsylvania Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition
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Allegheny
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US-00004BG-I
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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 Obligor Spouse's Changed Financial Condition?
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FAQ
How Does Remarriage Affect Alimony in Pennsylvania? Alimony in Pennsylvania automatically terminates upon either spouse's death or the supported spouse's remarriage. A paying spouse may file a motion to terminate alimony as soon as he or she learns of the supported spouse's remarriage.
If your divorce settlement was established on or before Dec. 31, 2018, alimony payments are fully tax deductible for the individual making the payments, whether you itemize or not. For tax purposes, alimony payments are effectively not part of the payor's income.
If there is no agreement, one of the parties may file a Petition to Modify, asking the court to schedule the matter for a conference to determine whether or not the support order should be changed. You may file a petition on your own or consult your attorney.
Modifying Alimony Either spouse can file a motion to modify alimony in Pennsylvania. The spouse seeking the change must prove that there's been a material change in circumstances of one or both spouses.
Again, there is no set time period for paying alimony in PA. It's purely discretionary. However, if an alimony payment is going to apply, spouses should carefully evaluate their particular circumstances, what the recipient's future financial needs will be, and also the paying spouse's ability to pay.
Spread payments over time to avoid higher taxes: Receiving a large taxable settlement can bump your income into higher tax brackets. By spreading your settlement payments over multiple years, you can reduce the income that is subject to the highest tax rates.
South Carolina does not recognize verbal or emotional abuse as a ground for divorce. Therefore, in such a scenario, the abused spouse must actually move out of the marital residence, or convince the abusive spouse to do so, in order to seek relief from the family court.
After a Judge enters an award of alimony, the payor or payee spouse can later ask for a modification of the award. This should only be done if the spouse can prove that there is a ?substantial? change in circumstances that is continuing. The Judge may then modify, suspend, terminate or reinstate alimony.
The provision for modifying alimony in Pennsylvania applies to both parties, which means alimony can be reduced or increased as the court deems appropriate. However, it may not be necessary to go to court at all.
If you sell your residence as part of the divorce, you may still be able to avoid taxes on the first $500,000 of gain, as long as you meet a two-year ownership-and-use test. To claim this full exclusion, you should make sure to close on the sale before you finalize the divorce.