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.
The Phoenix Arizona Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obliged Spouse's Changed Financial Condition is a legal document used in divorce cases in Phoenix, Arizona. This affidavit can be filed by the defendant spouse to request a modification or elimination of alimony payments stated in the original divorce decree due to a substantial change in the financial circumstances of the obliged spouse. Keywords: Phoenix Arizona, affidavit, defendant spouse, motion to amend, motion to strike, alimony provisions, divorce decree, obliged spouse, changed financial condition, modification, elimination. In divorce cases, alimony, also known as spousal support, is a legally binding provision that one spouse may be required to pay to the other after the dissolution of their marriage. However, circumstances can change over time, and the Phoenix Arizona Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obliged Spouse's Changed Financial Condition enables the defendant spouse to present evidence and arguments supporting a modification or termination of this financial obligation. There are two main types of scenarios in which this affidavit may be used: a motion to amend or a motion to strike the alimony provisions. 1. Motion to Amend Alimony Provisions: In this scenario, the defendant spouse believes that the alimony provisions outlined in the original divorce decree should be modified due to a significant change in the obliged spouse's financial situation. This change might include loss of employment, a decrease in income, disability, or other relevant circumstances. The defendant spouse must provide detailed evidence and documentation to support the motion to amend, illustrating how the obliged spouse's financial condition has changed since the divorce decree was issued. 2. Motion to Strike Alimony Provisions: Alternatively, the defendant spouse may argue that the alimony provisions should be entirely eliminated, rather than modified. This motion would be applicable if the defendant spouse can prove that the obliged spouse's financial condition has significantly improved since the divorce decree was issued. They need to demonstrate that continued alimony payments are no longer necessary or equitable based on the obliged spouse's current income, assets, employment status, or other relevant factors. In both cases, the Phoenix Arizona Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obliged Spouse's Changed Financial Condition serves as a formal declaration, outlining the reasons for seeking modification or termination of the alimony provisions. This affidavit must include specific details such as financial records, tax returns, pay stubs, and any other supporting documentation that validates the defendant spouse's claims about the changed financial condition of the obliged spouse. It is essential for the defendant spouse to consult with an attorney during this process to ensure all legal requirements and procedures are met when filing the affidavit. The court will carefully review the evidence presented in the affidavit to determine whether a modification or elimination of alimony is warranted based on the obliged spouse's changed financial condition.
