Arkansas Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment

State:
Multi-State
Control #:
US-01898BG
Format:
Word; 
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Description

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.

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FAQ

Under the federal Divorce Act, spousal support is most likely to be paid when there is a big difference between the spouses' incomes after they separate. However, this is not always the case. A court may decide that the spouse with the lower income is not entitled to support.

Arkansas law allows the judge to order either rehabilitative alimony or permanent alimony. Rehabilitative alimony is of limited duration to allow the recipient spouse time to become self-sufficient.

Any type of alimony will automatically terminate when: the recipient remarries or is living full time with a partner in an "intimate, cohabitating relationship" the recipient has a child from another relationship, which has led to a court order for child support.

In Arkansas, all marital property is distributed one-half (1/2) to each party unless the Court finds such a division to be inequitable.

You can get alimony if you and your spouse agree or if a judge finds that an award of alimony is ?reasonable from the circumstances of the parties and the nature of the case.? However, you must specifically ask for alimony in order to get it, and you must convince the judge to award alimony to you.

You can get alimony if you and your spouse agree or if a judge finds that an award of alimony is ?reasonable from the circumstances of the parties and the nature of the case.? However, you must specifically ask for alimony in order to get it, and you must convince the judge to award alimony to you.

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Arkansas Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment