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

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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 California Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment is a legal recourse available to individuals who experience a significant change in their employment status after a divorce. Alimony, also known as spousal support, is awarded by the court to ensure financial stability for the lower-earning spouse. However, circumstances can change unexpectedly, such as sudden job loss or employment termination, which may make it difficult to fulfill the original alimony obligations. In such cases, the party obligated to pay alimony can file a Motion to Modify or Amend the Divorce Decree to request a reduction in the alimony amount. There are different types of Motions to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment that can be filed in California, depending on the specific situation: 1. Motion for Temporary Modification: If the loss of employment is temporary and the paying spouse intends to seek new employment, they can file a motion requesting a temporary reduction in alimony payments until they secure a new job. 2. Motion for Permanent Modification: In cases where the unemployment is expected to be long-term or permanent, the paying spouse can file a motion seeking a permanent reduction in alimony payments to reflect their reduced income. 3. Motion for Vocational Evaluation: If the receiving spouse argues that the loss of employment was voluntary or due to the paying spouse's negligence, the paying spouse can file a motion requesting a vocational evaluation of the receiving spouse to determine their ability to support themselves. When filing a Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment, it is crucial to adhere to certain legal procedures and requirements. The motion should include relevant documentation, such as evidence of the involuntary termination, termination letter, employment records, and financial statements illustrating the change in income. Additionally, it is advisable to consult with a family law attorney experienced in California's alimony laws to navigate the complexities of the legal process. Legal professionals can guide individuals through gathering supporting evidence, preparing the required forms, and advocating for their best interests during court hearings.

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How to fill out California Motion To Modify Or Amend Divorce Decree To Provide For Reduction In Alimony Due To Involuntary Termination Of Job Or Employment?

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FAQ

It is against the law to refuse to pay alimony. You can only avoid alimony with the court's permission. Even if you come to a verbal agreement with your ex-spouse not to pay alimony or to miss a payment, you will still owe that money in the eyes of the law.

Support can end when: You agree in writing about the date it will end and the court signs off on the agreement. The court orders that it ends. The supported spouse remarries.

The length of spousal support is based on a reasonable transition period from married life to single and self-sufficient life. The duration of support depends on in part on the length of the marriage. For marriages lasting less than ten years, the length of support is presumed to be equal to one-half of the time.

A Gavron Warning is when the judge gives notice to the recipient of the alimony that they must make reasonable efforts to become partially or fully financially independent of their former spouse. However, like with most legal issues, people must understand multiple aspects concerning Gavron warnings.

Either spouse can request the court to modify spousal support. Common reasons people file petitions to modify permanent alimony in California include: The person receiving support payments no longer needs financial assistance. The person paying alimony experiences a significant decrease in income.

Alimony and Job Loss Courts only consider allowing a modification if there is a substantial change in circumstances. In most cases, this includes the loss of a job. However, the court will need proof that this decision was a last resort, and not due to selfish reasons like wanting to get out of payments.

Regardless of the length of the marriage, temporary alimony will always be an option. However, when a marriage lasted less than ten years, the permanent alimony will typically only last for about half the length of the marriage itself.

The key factors analyzed in an alimony decision are each spouse's income, ability to earn and standards of living established during the marriage. If there is a history of violence, abuse or certain criminal convictions, however, this could bar a spouse from receiving alimony payments under California law.

More info

The court will only change a long-term spousal support order if something significant has changed since the court made the last order. Ask the court to change ... Mar 14, 2022 — A request for a change is done by filing a “motion to modify” the divorce decree or judgment. This motion is generally filed with the same court ...Oct 27, 2020 — Once you receive an order for temporary support, you can seek to have the order modified if your circumstances change during the divorce case. Apr 19, 2023 — If you are the party requesting the modification you will need to complete (or have your attorney complete) a Request for Order an Income & ... Oct 5, 2021 — A modification will not apply to any amount that is outstanding or was due before the motion to modify was filed. The court cannot modify an ... If your settlement agreement or alimony order doesn't address the issue of when alimony can be modified, then either spouse is free to ask for a change to ... This informative article explains the three steps you need to take to reduce spousal support in California after a court order against you. Mar 11, 2021 — A post-decree modification can be described as a motion for change requested by either spouse after a divorce or legal separation, seeking that ... You cannot quit your job or choose to change careers where you will earn substantially less and then ask the Court to modify your alimony. Based on current law, the paying spouse does not need to file a motion to cease payments and court actions will not be required. The receiving spouse has a ...

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