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.
In Kentucky, a Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment allows individuals who have experienced an involuntary job loss or employment termination to seek a reduction in their alimony payments. This motion can be filed by the party responsible for paying alimony, also known as the Obliged. When faced with an unexpected job loss or termination, it is essential for the Obliged to take immediate action to protect their financial well-being. In these cases, the Kentucky courts recognize the need for a modification to the existing alimony arrangement and provide an avenue to seek a reduction based on the changed circumstances. There are different types of Kentucky Motions to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment, including: 1. Motion for Temporary Modification: This type of motion seeks a temporary reduction in alimony payments during the time of unemployment or until the Obliged secures new employment. The court carefully considers the circumstances, financial resources, and efforts made by the Obliged to find new employment before granting temporary modification. 2. Motion for Permanent Modification: In some cases, job loss or employment termination can have a long-term impact on the Obliged's ability to meet the original alimony requirements. If it can be demonstrated that the job loss is permanent or will cause ongoing financial strain, the Obliged can file a motion for permanent modification of alimony payments. This would result in a lasting reduction of the alimony obligation. 3. Motion for Retroactive Modification: If the Obliged experiences a significant delay in filing the motion due to circumstances beyond their control, they can request a retroactive modification. This type of motion allows the Obliged to seek a reduction in alimony payments, requesting that the court apply the modification retroactively to the date of job loss or employment termination. When filing a Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment, it is crucial to compile all necessary documentation and evidence supporting the claim. This may include termination letters, severance package details, job search records, financial statements, and any relevant court orders or divorce decree. It is advisable to consult with an experienced family law attorney who specializes in divorce and alimony matters. They can assist in drafting the appropriate motion, gathering the necessary evidence, and presenting a strong case to the court. The attorney will guide the Obliged through the legal process, ensuring that their rights are protected and that they have the best chance of obtaining a favorable modification outcome. In conclusion, in Kentucky, individuals facing an involuntary termination of their job or employment can file a Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony. This legal mechanism enables them to seek temporary or permanent reductions in alimony payments based on their changed financial circumstances. Seeking professional legal advice is highly recommended navigating the complexities of the court system and increase the likelihood of obtaining a successful modification.
