Iowa 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

When determining if there is a substantial change in circumstances, the court shall consider numerous factors, including: changes in the employment, earning capacity, income, or resources of a party, changes in the physical, mental, or emotional health of a party, changes in the residence of a party, or remarriage of a ...

A last point to consider is that while you cannot quit your job to avoid spousal support, there is no obligation to labor 80 hours per week to support your ex-spouse's lavish, unemployed lifestyle. The California Supreme Court in Marriage of Simpson (1992) 4 Cal.

Dissolution decrees may be modified if the court finds that a substantial change of circumstances has occurred. A party must apply to the court for a modification of a decree.

I would respond with care and concern. Inside I would feeling upset, but I would try to show my support. I would let them calm down (quitting a job is usually a stressful situation), and then I would ask open-ended questions to discover what happened.

Security: Quitting your job could negatively impact your divorce proceedings. If you're the primary breadwinner, it could place your spouse and children in a difficult position financially. It could also be seen as an act of abandonment or desperation, which could damage your case in court.

In Iowa, alimony is determined based on various factors, including the length of the marriage, contributions made by each party during their union, each person's earning capacity, their respective financial needs, and the standard of living established during the marriage.

The key factors analyzed in an alimony decision are each spouse's income, ability to earn and standards of living established during the marriage. If there is a history of violence, abuse or certain criminal convictions, however, this could bar a spouse from receiving alimony payments under California law.

Bottom line, no, voluntarily avoiding income during a divorce does not mean one avoids paying spousal support.

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