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Motion to Modify or Amend Divorce Decree to Provide for Reduction in...

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

Category:

Family Law - Divorce - Decrees

State:

Multi-State

Control #:

US-01898BG

Format:

Instant download

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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How to fill out 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

Either spouse can request alimony in Connecticut and will need to do so, formally, in the court paperwork. Before a court can award alimony, the requesting spouse must prove a financial need for assistance and that the other spouse can afford to pay.

In cases where the order is silent on modification, alimony may be increased, decreased, or eliminated when there is a substantial change in circumstances of either ex-spouse.

Connecticut law does not set durational limits but requires the court to specify the basis for any indefinite or lifetime alimony order. In both states, with certain limitations, alimony may be modified when there is a substantial or material change in circumstances of either party.

Modifying alimony and child support in Connecticut is possible. After a divorce decree has been entered, the circumstances of the former spouses or children may change, creating a need to modify the original support award.

In Connecticut, you can only obtain a modification if there has been a substantial and material change of circumstances. As explained by the State of Connecticut Judicial Branch, the party seeking a modification of a previous agreement/judgment must file a Motion for Modification.

Ing to Connecticut Practice Book section 10-30, any defendant, wishing to question the court's personal jurisdiction or insufficiency of process or service, shall file a motion to dismiss within thirty days of the filing of his or her appearance.

Submit a written agreement to the court for approval if both spouses agree to a new alimony agreement, which may be temporary or for the duration of the alimony term. A court may make its modification order retroactive to the date the modification motion was filed and served, providing the payor with a credit.