Kentucky 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
Format:
Word; 
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Instant download

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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How to fill out 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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FAQ

If your income has gone up, you may or may not have to pay more in alimony. If your ex-spouse asks for a modification, they will have the burden of proving your changed circumstances to the court (that your income has increased).

Legally Stopping Alimony Payments Age and health. Amount of time required to find employment or become trained. Comparative earning capacity. Current income, available resources, and ability to self-support.

A limited decree or limited divorce ONLY divorces you and your spouse. It does not deal with ANY property or custody issues. It serves to separate future finances and future property interests.

If your income has gone up, you may or may not have to pay more in alimony. If your ex-spouse asks for a modification, they will have the burden of proving your changed circumstances to the court (that your income has increased).

In general, there is no easy way to revoke the divorce degree but if any of the spouse filed the divorce petition earlier, then the other party can go to the court and possess the right to challenge ingly. A statement can be issued if both the spouses want to live together.

So, the fact that your business begins to thrive after your equitable distribution has been finalized does not allow your former spouse to get more. Alimony is different. A spouse can file a motion seeking to have his or her alimony payments increased.

Kentucky law allows for the annulment of a divorce decree that was entered in a Kentucky county. It does not matter where the parties now live as long as a Kentucky court issued the divorce decree.

Whenever a spouse wishes to challenge an existing spousal support order, they must file a Request for Order, which asks the court to review changes in circumstances for either spouse. If, for instance, the spouse receiving support comes into money, they may no longer need the alimony payments.

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