Phoenix Arizona 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

State:
Multi-State
City:
Phoenix
Control #:
US-00004BG-I
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Description

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.

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FAQ

Under A.R.S. § 25-508, recipient spouses who have not received owed spousal support payments can file a petition to enforce the orders with the court. After the petition is filed, a hearing will be scheduled.

Alimony cannot be changed, the court will not be able to change the amount of spousal maintenance. This process cannot be used to modify ARREARS (back payments). WARNING: If the order you want to change is not from this county, ask a lawyer about the requirements to file your Petition (Request) with this Court.

Termination or Modification of Alimony in California You can sign a formal agreement and file it with your divorce court to modify or terminate alimony. If your ex-spouse disagrees, you should file a motion to modify or terminate alimony with the court that granted your divorce.

On the lower end, a spouse may receive $1,200 (15% of $8,000). On the higher end, a spouse may receive $2,000 (25% percent of $8,000).

Alimony cannot be changed, the court will not be able to change the amount of spousal maintenance. This process cannot be used to modify ARREARS (back payments). WARNING: If the order you want to change is not from this county, ask a lawyer about the requirements to file your Petition (Request) with this Court.

In terms of spousal maintenance duration, most court orders require alimony payments to last 30 to 50 percent of the marriage duration. A year-long marriage, for example, may result in spousal support lasting four months or so.

If you and your spouse cannot agree a reduction in maintenance then you will need to make an application to the Court to vary the spousal maintenance. You will be required to show the Court what the financial position was at the time the original spousal maintenance order was made and the current financial position.

In terms of spousal maintenance duration, most court orders require alimony payments to last 30 to 50 percent of the marriage duration. A year-long marriage, for example, may result in spousal support lasting four months or so.

If you have been ordered to pay spousal maintenance to your ex-spouse and you have lost your job or have become unemployed, you cannot simply stop making your maintenance payments. Instead, you must petition the court for a modification of your spousal maintenance order under A.R.S. 25-327.

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Phoenix Arizona 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