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.
Cook Illinois 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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Cook
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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
If your spouse qualifies for maintenance, maintenance can be lowered by you earning less and your spouse earning more. Changing your income or your spouse's income is the only way to avoid maintenance if there has been a guidelines order.
Your partner earns more than you You can claim that your spouse is earning more than you. Thus, you shall be exempted from maintenance under Section 35(1)(b) of the Family Courts Act, 1984 (FCA). However, the decision to waive the alimony amount depends entirely on the court.
The court can change an order for temporary, permanent periodic, durational, and rehabilitative alimony if the judge finds that there has been a substantial change in the circumstances of the parties. Lump sum and bridge-the-gap alimony cannot be modified.
In order to secure a modification of the maintenance amount or a termination of the payments, the party seeking the change or termination must file a motion with the court that issued the order.
Alimony is not mandatory in Illinois. Alimony is only awarded to a party when it makes sense in the specific case and there is a need.
Alimony is not mandatory in Illinois. Alimony is only awarded to a party when it makes sense in the specific case and there is a need.
When Can Spousal Maintenance Be Modified in Illinois? Courts have discretion to modify an existing spousal maintenance order if there is a substantial change of circumstances after the entry of the original order.
Illinois law allows either spouse to ask the court to modify or terminate alimony payments when there is a substantial change in circumstances. The judge will decide whether to change or end alimony based on the following factors: either spouse's change in employment status, and whether the change was voluntary.
Spousal support can be modified in Illinois. This can be done if financial situations change for either party. Modifications to spousal support are not as common as modifications of child support. If a party refuses to pay the ordered spousal support, you can also file for spousal support enforcement.
A court may only change a spousal support order when justified by an important change in the circumstances of either spouse.