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.
Arkansas Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment is a legal process available to individuals facing financial hardship as a result of losing their job or employment involuntarily after a divorce settlement. This motion allows them to request a reduction in alimony payments to reflect their changed financial circumstances. In Arkansas, there are different types of motions one can file to modify or amend a divorce decree regarding alimony payments due to job loss or employment termination: 1. Arkansas Motion to Modify Alimony: This motion is filed when an individual wishes to modify the alimony amount due to a significant change in their financial situation, such as losing their job involuntarily. It seeks a reduction or elimination of alimony payments based on the inability to meet the original obligations. 2. Arkansas Motion to Amend Alimony: This motion is filed when the individual requests a modification to the alimony terms in their divorce decree based on a job loss or employment termination. It aims to amend the original agreement by reducing the alimony amount or restructuring the payment terms temporarily or permanently. 3. Arkansas Motion to Provide for Reduction in Alimony: This motion focuses specifically on reducing the alimony payments due to the individual's involuntary job loss or employment termination. It provides detailed documentation, evidence, and arguments supporting the need for a reduction in alimony based on the financial hardship experienced. 4. Arkansas Motion to Provide for Temporary Reduction in Alimony: This motion is filed when the individual seeks a temporary reduction in alimony payments while they search for new employment or undergo retraining to improve their job prospects. It aims to provide temporary relief until the individual can regain financial stability. When filing any of these motions, it is crucial to gather supporting documentation, such as termination letters, unemployment benefit statements, financial records, and any other relevant evidence to strengthen the case. Additionally, consulting with an experienced family law attorney in Arkansas can provide valuable guidance throughout the entire process. Overall, Arkansas Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment offers individuals the opportunity to adjust their alimony obligations to align with their changed financial circumstances, ensuring fairness and practicality following an involuntary job loss or employment termination.
