District of Columbia 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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Multi-State
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US-01898BG
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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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FAQ

Alimony payments last as long as the judge determines is fair and reasonable, or for as long as the parties agreed.

It must be fair and equitable, and the factors that a judge must consider include the ability of the spouse seeking alimony to be self-supporting, the marital standard of living, the length of the marriage, and the spouses' ages and physical conditions, among many other factors.

Qualifying for Alimony Alimony is gender-neutral, meaning either spouse can request and receive it. However, to qualify for alimony in the District of Columbia, the requesting spouse must demonstrate a need for support and that the other spouse can pay.

The statute in Washington DC that concerns alimony is the Code of the District of Columbia §16-913. Under this statute, the family court has the ability to order the payment of spousal support at the conclusion of any divorce or domestic separation case.

However, once the person is of retirement age, then he or she can collect retirement benefits. In all cases, a person can't collect more than one Social Security benefit at a time. For alimony determinations, all types of Social Security benefits count as income.

(a) Except as provided in subsection (b) of this section, no action for divorce or legal separation shall be maintainable unless one of the parties to the marriage has been a bona fide resident of the District of Columbia for at least 6 months next preceding the commencement of the action.

Alimony in Medium-Term Marriages (5?25 years) As a general rule of thumb, courts in Washington State award one year of alimony for every three or four years of marriage. There is no statute or case law explicitly stating this formula, but it is an oft mentioned rule and generally what courts can be expected to do.

The statute in Washington DC that concerns alimony is the Code of the District of Columbia §16-913. Under this statute, the family court has the ability to order the payment of spousal support at the conclusion of any divorce or domestic separation case.

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