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 Connecticut Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment is a legal document filed in Connecticut family court when an individual experiences an involuntary loss of employment or job termination and seeks a reduction in their alimony obligations as a result. This motion allows the individual to request a modification or amendment to their existing divorce decree, specifically regarding the alimony payments. In Connecticut, there are two main types of motions that can be filed to address alimony modification due to involuntary termination of job or employment. The first type is referred to as a "Motion to Modify Alimony" and is used when the individual seeks a permanent reduction or termination of their alimony payments. This motion is typically filed when the individual's financial circumstances have drastically changed due to the job loss, rendering them unable to meet their existing alimony obligations. The second type is known as a "Motion to Temporarily Suspend Alimony" and is filed when the individual experiences a temporary loss of income due to an involuntary termination of their job or employment. This motion aims to suspend the alimony payments temporarily until the individual finds new employment or resolves their financial difficulties. To file either of these motions in Connecticut, several key steps should be followed. Firstly, the motion should be drafted with detailed information concerning the individual's involuntary termination of employment, including supporting documents such as termination letters, severance package details, or unemployment claims. The motion should also explicitly state the desired modification or amendment sought, whether it is a permanent reduction, termination, or temporary suspension of alimony payments. Additionally, the motion should outline the individual's current financial situation, detailing how the job loss has affected their ability to fulfill their alimony obligations. This includes providing documentation of any ongoing job search efforts, proof of participation in retraining programs or workshops to regain employment, and updated financial statements illustrating their decreased income or increased expenses. It is vital to note that the individual filing the motion must serve a copy of the motion to their ex-spouse or their ex-spouse's attorney in accordance with Connecticut's legal requirements. Following this, both parties may participate in a hearing or conference to present their arguments and evidence pertaining to the motion. The court will then evaluate the circumstances, considering factors such as the individual's efforts to secure new employment and any impact on the recipient's financial stability, before making a decision regarding the requested modification or amendment to the alimony decree. In summary, a Connecticut Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment is a legal tool used to address the financial impact of involuntary job loss on alimony obligations. Whether seeking a permanent reduction or termination of alimony payments or a temporary suspension until new employment is secured, the motion must be properly drafted, supported by relevant documents, and filed in accordance with Connecticut's legal procedures.
