Louisiana 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
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Word; 
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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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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

Most states prohibit permanent alimony. The only states that allow permanent alimony are Connecticut, Florida, New Jersey, North Carolina, Oregon, Vermont, and West Virginia. Texas has alimony, but they rarely use the court system to award alimony.

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.

If you need to lower or stop alimony, a petition to modify alimony should be filed. Florida law does not allow a person to unilaterally change the terms of alimony, even if they have a legitimate basis to do so. Therefore, if a change is needed you should seek approval from the court.

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.

Some Alimony Payments Can't be Changed Under Florida law, certain alimony payments are considered non-modifiable. Non-modifiable alimony refers to a type of spousal support that cannot be changed or altered by either party.

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.

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