A decree for alimony is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a motion to modify an order for alimony on the same set of facts that existed when the original order was made.
To justify a modification of an alimony order, a court must find that there has been a change in the material circumstances of the parties since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.
This form is a generic example that may be referred to when preparing such a form for your particular state. This motion can be filed by the plaintiff or the respondent and is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
A Termination of Spousal Support letter is a legal document used to formally communicate the end of financial support provided by one spouse to the other after a divorce or separation. This letter serves to terminate any ongoing spousal support obligations that were previously agreed upon or ordered by the court. The content of a Termination of Spousal Support letter typically includes important details such as: 1. Contact Information: The letter begins with the sender's and recipient's contact information, including full names, addresses, phone numbers, and email addresses. 2. Date: The letter should include the date it is being written, which helps establish the official timeline for the termination. 3. Subject: The subject line should clearly state that the letter is regarding the termination of spousal support. 4. Introduction: The letter starts with a polite and professional introduction, addressing the recipient by name, followed by a brief statement about the purpose of the letter. 5. Background: This section provides background information about the divorce or separation, including the date of the final divorce decree or separation agreement, and any relevant court case numbers. 6. Termination Explanation: The letter should clearly state the reason why the sender is seeking the termination of spousal support. This may include reasons such as the recipient finding gainful employment, entering into a new relationship, or any other significant change in circumstances that warrants discontinuing the support. 7. Supporting Documentation: If applicable, any supporting documentation can be attached to the letter to substantiate the reasons for termination. These could include copies of employment contracts, pay stubs, or evidence of a new relationship. 8. Conclusion: The letter concludes with a clear and concise statement that the spousal support is terminated, effective from a specific date stated in the letter. It should also mention any expectations or requirements for the recipient, such as returning any personal property or closing joint accounts. Types of Termination of Spousal Support letters may include: 1. Voluntary Termination Letter: This letter is used when both parties mutually agree to terminate spousal support, typically after resolving the financial aspects in an amicable manner. This type of termination does not involve court proceedings. 2. Court-Ordered Termination: In cases where spousal support was ordered by the court as part of the divorce or separation judgment, a court-ordered termination letter is used. This letter notifies the recipient that the court has granted the termination of support payments based on a change in circumstances or the expiration of a predetermined support period. 3. Termination Due to Remarriage or Cohabitation: In some jurisdictions, spousal support automatically terminates if the recipient remarries or begins cohabitation with a romantic partner. A letter specifically addressing this type of termination would state the legal grounds for termination and provide evidence of the new relationship. 4. Termination Due to Changed Financial Circumstances: When the paying spouse experiences a substantial change in their financial situation, such as job loss, disability, or a significant decrease in income, a letter explaining these circumstances may be sent to request a reduction or complete termination of spousal support. In summary, a Termination of Spousal Support letter is a formal document used to formally cease financial support obligations between ex-spouses. It is crucial to consult with an attorney or legal professional to ensure the letter accurately reflects the specific circumstances and follows the legal requirements of the jurisdiction.
