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.
Louisiana Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment is a legal option available for individuals who have experienced an involuntary termination of their job or employment and seek a reduction in their alimony payments. This motion allows them to request a modification or amendment to their divorce decree to reflect their changed financial circumstances. Keywords: Louisiana, motion to modify, amend divorce decree, reduction in alimony, involuntary termination, job, employment. There are two common types of Louisiana Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment: 1. Motion to Modify: A motion to modify the divorce decree allows the individual to ask the court to change the terms of the original settlement agreement, including the amount of alimony. In this case, the motion is specifically brought forth due to an involuntary termination of job or employment. The individual must provide evidence that the job loss was not their fault and that it has resulted in a significant reduction in their income. 2. Motion to Amend: A motion to amend the divorce decree involves requesting changes to specific provisions, such as the alimony payment terms, due to the involuntary termination of job or employment. This type of motion allows for a focused modification of the decree, addressing the immediate impact of the job loss on the individual's financial situation. When filing the Louisiana 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 gather supporting evidence, such as termination letters or unemployment documentation, to strengthen the case. Additionally, it is advisable to consult with an experienced family law attorney who can guide individuals through the legal process and ensure all necessary information is presented effectively. In conclusion, the Louisiana Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment allows individuals to seek a reduction in their alimony payments after experiencing an involuntary job loss. By presenting compelling evidence and working with a knowledgeable attorney, individuals can effectively navigate the legal system and obtain a fair adjustment to their financial obligations.
