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 Hawaii 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 an individual to request a decrease in their alimony payments following the loss of employment. This motion can be filed in various situations, including: 1. Involuntary Termination: When an individual loses their job due to circumstances beyond their control, such as company downsizing, closure, or layoff, they may be eligible to file a motion to modify their divorce decree. 2. Temporary Suspension: If a person experiences a temporary suspension from their job, such as a medical leave or sabbatical, and is no longer receiving their regular income, they may file a motion for temporary reduction of alimony. 3. Significant Income Reduction: In some cases, individuals may experience a substantial reduction in their income due to a change in their job or employment terms or a decrease in business profits. This can also warrant a motion to modify or amend the divorce decree. When filing a Hawaii Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment, it is important to include specific keywords and information to properly address the court. Here are some relevant keywords that should be included in the motion: 1. Identification: Begin the motion by including the names of both parties involved in the divorce, the relevant court case number, and the specific Hawaii court where the original divorce decree was granted. 2. Introduction: Clearly state the purpose of the motion, which is to request a reduction in alimony payments due to the involuntary termination of job or employment. 3. Supporting Evidence: Provide detailed information about the involuntary termination, including the reasons behind it, supporting documentation like termination letters or layoff notices, and any relevant correspondence with the former employer. 4. Current Financial Situation: Outline the current financial position, including income and expenses, to demonstrate the need for alimony reduction. This should include any proof of unemployment benefits, severance packages, or financial hardships incurred. 5. Basis for Modification: Highlight the specific clause or provision of the original divorce decree that allows for modification or amendment due to changes in financial circumstances. 6. Proposed Modification: Specify the desired reduction in alimony payments and explain why it is reasonable and necessary based on the changed circumstances. This may include a new proposed payment plan or an explanation of how a temporary reduction will help during the period of unemployment. 7. Request for Hearing: Conclude the motion by requesting a hearing date, where both parties can present their arguments and evidence before a judge. It is crucial to consult with an attorney specializing in family law to ensure that the Hawaii Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment is filed correctly and has the best chance of success.
