Alabama Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support

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Multi-State
Control #:
US-00799BG
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Word; 
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A decree for child support 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 petition to modify an order for child support on the same set of facts that existed when the original order was made. To justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.
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FAQ

Modification of Alimony in Alabama If there is a significant change of circumstances for either party, an action may be commenced to modify the terms of the alimony order, except, again, for Alimony in Gross.

Rule 32 was amended effective June 1, 2023, to provide a method of calculating child support in cases in which a court order provides for shared 50% physical custody, i.e., when each parent retains physical custody of a child 50% (or approximately 50%) of the time.

The terms of a divorce order are binding, but they aren't set in stone. Modification of these terms is possible. The court order for a change is known as a ?modification? in AL. In effect, you can pursue a modification at any time following the last order.

Job loss, remarriage or other financial change. Relocation or another event affecting child custody and support. A change in the financial needs of the child.

How do I ask the court for a new support order? You must fill out and file these forms: Request to Change Child Support (Form PS-02) Child Support Obligation Income Statement/Affidavit (Form CS-41)

There is no time limit on changing your name in Alabama. If you are already divorced and wish to revert to your pre-marriage name you can simply file a petition to do so with the probate court through the same process that any adult would use to legally change their name.

You have the right under Alabama law to file a motion to alter, amend or vacate the ruling. You may also appeal the ruling to the Alabama Court of Civil Appeals and then seek review by the Alabama Supreme Court.

It's Difficult But Not Impossible If Your Divorce Is Final In this case, you only have 30 days to file a request to reverse the settlement or decree. After that 30-day window, you would essentially have to get remarried from scratch (this cannot happen until at least 60 days after your divorce is finalized).

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Alabama Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support