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 Georgia 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 who have experienced involuntary job loss or termination to seek a reduction in their alimony payments as dictated by their divorce decree. This process is crucial for individuals in Georgia who are facing financial hardship due to unforeseen circumstances beyond their control. In the state of Georgia, there are different types of motions available to modify or amend a divorce decree regarding alimony payments. Some of these motions include: 1. Motion to Modify: Individuals can file a motion to modify their divorce decree, requesting a reduction in alimony payments due to involuntary termination of employment. This motion must be supported by evidence demonstrating the circumstances of the job loss and the subsequent financial difficulties. 2. Motion to Amend: A motion to amend can be filed when there is a need to make substantial changes to the divorce decree, such as reducing alimony obligations following the termination of employment. This motion requires a strong argument and supporting evidence to convince the court of the requested changes. 3. Motion to Reduce Alimony: This motion can be filed specifically to seek a reduction in alimony payments, citing involuntary job loss as the primary reason. It is crucial to provide evidence of the termination and its impact on the individual's ability to meet the original alimony obligations. When filing any of these motions, individuals must provide relevant information and documentation, such as: — Detailed explanation of the circumstances leading to the involuntary termination of employment — Evidence of job termination, such as employer correspondence or termination notices — Proof of efforts to secure new employment, including job applications, interviewing history, and communication with potential employers — Financial documentation showcasing the impact of job loss on income and ability to meet alimony obligations — Any relevant court orders, financial agreements, or divorce decree provisions related to alimony payments It is important to note that each case is unique, and the court will evaluate the motion based on the specific circumstances presented. Seeking legal advice from a qualified attorney experienced in divorce and family law in Georgia is highly recommended ensuring the best possible outcome.
