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 Delaware Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment is a legal process that allows an individual to request a change in the terms of their divorce decree regarding alimony payments. This type of motion is specifically filed when the paying party experiences an involuntary termination of their job or employment, resulting in a significant change in their financial circumstances. In Delaware, there may be different variations or types of motions to modify or amend a divorce decree to provide for a reduction in alimony due to involuntary termination of job or employment. Some of these variations may include: 1. Motion to Modify Alimony: This motion is filed when the paying party seeks a reduction in the amount of alimony they are obligated to pay due to the loss of their job or employment. It argues that the change in financial circumstances makes the current alimony arrangement unfair or burdensome. 2. Motion to Amend Alimony Duration: This type of motion seeks to alter the duration of alimony payments rather than the amount. The individual may request a temporary suspension or reduction in alimony while they search for a new job or employment opportunity. 3. Motion to Amend Alimony Termination Clause: In some cases, a divorce decree may include a provision that alimony payments will terminate upon the occurrence of certain events, such as the paying party's retirement age or employment termination. The individual may file a motion to modify or amend this clause to reflect their involuntary job loss and seek an extension of alimony payments until they secure new employment. When filing a Delaware Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment, certain factors and keywords should be included: 1. Involuntary Termination: Clearly explain that the job loss was involuntary, emphasizing that the individual did not leave their job voluntarily but was instead terminated by their employer or experienced a significant change in employment circumstances beyond their control. 2. Financial Hardship: Highlight the financial difficulties faced by the paying party as a result of the job loss. Discuss how this change has impacted their ability to meet their alimony obligations, as well as their overall financial stability. 3. Changed Circumstances: Describe the change in circumstances that justify the modification or amendment of the divorce decree, demonstrating that the current alimony arrangement is no longer fair or reasonable due to the involuntary job loss. 4. Search for New Employment: Explain any efforts made by the individual to find new employment. Provide evidence of job applications, interviews, or retraining programs to show that they are actively seeking suitable employment opportunities. 5. Proposed Modifications: Clearly state the changes being sought, such as a reduction in the amount of alimony or a temporary suspension until new employment is secured. Justify these proposed modifications based on the individual's new financial situation. It is essential to consult with an experienced family law attorney in Delaware to understand the specific legal requirements and procedures for filing a Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment.
