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.
District of Columbia Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment is a legal procedure that allows individuals in the District of Columbia who have experienced the involuntary termination of their job or employment to seek a reduction in the alimony payments they are required to make. In the District of Columbia, there are two main types of motions that can be filed to amend a divorce decree in order to reduce alimony payments due to an involuntary job loss: 1. District of Columbia Motion to Modify Alimony Due to Involuntary Termination of Job or Employment: This type of motion is filed by the individual who is responsible for making alimony payments and has experienced the involuntary termination of their job or employment. The purpose of this motion is to request a reduction in the amount of alimony they are obligated to pay, taking into consideration their changed financial circumstances. 2. District of Columbia Motion to Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment: This motion, on the other hand, is filed by the recipient of alimony payments who has faced an involuntary job loss or termination of employment. The purpose of this motion is to seek a modification of the divorce decree to reflect the changed financial circumstances of the individual due to the job loss, resulting in a reduction in alimony payments received. In both types of motions, it is crucial to provide detailed evidence and documentation of the involuntary termination of job or employment, such as termination letters, severance agreements, or unemployment benefits records, to support the request for reduction in alimony payments. Additionally, it is essential to demonstrate how the involuntary job loss has resulted in a significant change in financial circumstances, making the current alimony obligation unreasonable or burdensome. When preparing the motion, it is advisable to consult with an experienced family law attorney who has knowledge and expertise in handling divorce-related matters in the District of Columbia. They can guide individuals through the process, help gather the necessary evidence, and effectively present the case before the court for a fair and just resolution. Overall, the District of Columbia Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment allows individuals to seek relief and obtain a fair adjustment in alimony payments when facing unexpected financial challenges caused by the involuntary loss of employment or termination of job.
