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.
Mecklenburg North Carolina 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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Mecklenburg
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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
The guideline states that the paying spouse's support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse's net monthly income. If child support is an issue, spousal support is calculated after child support is calculated.
10 Factors That Affect Your Alimony Payments Standard of Living.Time Married.Condition of Both Parties.Financial Resources.Professional Capacity.Individual Contributions to the Marriage.Future Parenting Responsibilities.Tax Implications.
You have 30 days after service in North Carolina to respond. If you don't, the divorce can proceed in default. You may lose your right to claim alimony (spousal support). Plus, you give up your right to contest property division and equitable distribution of assets.
In each case, a judge must consider several factors to determine if spousal support should be paid, including: The financial means, needs and circumstances of both spouses; The length of time the spouses have lived together; The roles of each spouse during their marriage;
Either spouse can receive alimony if they meet one of two criteria: The spouse can't meet their own reasonable financial needs without the other spouse's income or assets. The spouse can't maintain the standard of living they enjoyed during the marriage without the other spouse's income or assets.
A court order for payment of alimony that is entered by a North Carolina Court may be modified or vacated if a judge finds that a substantial change in circumstances has occurred since the entry of the original order.
A court order for payment of alimony that is entered by a North Carolina Court may be modified or vacated if a judge finds that a substantial change in circumstances has occurred since the entry of the original order.
State statute allows the dependent spouse (recipient of alimony) or the supporting spouse (payor) to ask the court to modify or terminate the spousal support award if they can provide evidence that circumstances have changed since the original award.
What factors will the judge consider when deciding whether to award alimony? ability to pay support; age; employment history and job potential; income history and income potential; education and training; retirement provisions and health insurance benefits; tax consequences for the sale of your marital property or home;
