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

State:
Multi-State
Control #:
US-01898BG
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Word; 
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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

The Process of Alimony Modification in Florida You must serve a petition on your spouse, comply with extensive financial disclosure requirements, go to mediation, and then go to a final trial if there is no agreement or settlement.

How to Modify Your Marital Settlement Agreement or Final Judgment? There are only two ways to modify anything, whether alimony, child support or parenting plan: (1) try to reach an agreement with other side before filing anything or, when that fails (it usually does) (2) file a petition for modification.

Under Florida divorce law §61.14, alimony payments may be modified by a Florida family law court if there is a substantial change in circumstances of either party. The modification can either increase, decrease, or terminate the alimony paid to an ex-spouse.

Under Florida law, certain alimony payments are considered non-modifiable. Non-modifiable alimony refers to a type of spousal support that cannot be changed or altered by either party.

Changes to the laws governing alimony awards which will apply to any final judgment entered on or after July 1, 2023 include: The option to award permanent (lifetime) alimony is eliminated, leaving bridge-the-gap, rehabilitative, and durational forms of alimony. Rehabilitative alimony is limited to 5 years.

If either party's circumstances change while periodic alimony is in effect, the court can increase, reduce, or eliminate the payments. Such adjustments cannot be done to lump sum alimony, however. Once the court has ruled on a lump sum case, its decision is final and non-amendable.

Almost any aspect of your divorce decree can be reconsidered by the court at a later date. That said, most post-judgment modifications focus on alimony, child custody, and child support.

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