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Motion By Petitioner Spouse to Increase Alimony Payments due to...

Massachusetts Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse

Category:

Family Law - Divorce - Decrees

State:

Multi-State

Control #:

US-01899BG

Format:

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. It 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 By Petitioner Spouse To Increase Alimony Payments Due To Changed Financial Circumstances Of Respondent Spouse?

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FAQ

Cohabitation After a Divorce May Ultimately Put an End to Alimony. The Florida Legislature recognized that cohabitation and supportive relationships can result in the same sort of situation for the modification of alimony as remarriage or a job change.

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.

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.

In order to receive termination of alimony, you should obtain necessary evidence of life changes, such as your spouse remarrying, becoming deceased, or cohabitation. A judge may not grant termination in other changed circumstances.

Modification: Material Change In Circumstances A material change in circumstances can be a change in the income, employment or employability of either spouse ? for example, if either party has a significant increase or decrease in income or needs due to illness or disability.

Massachusetts laws ...the amount of alimony should generally not exceed the recipient's need or 30 to 35% of the difference between the parties' gross incomes established at the time of the order being issued.

In California, if the supported spouse?the one who receives alimony?gets remarried, then the paying spouse's obligation to provide spousal support automatically ends, unless both parties agreed to waive Family Code Section 4337. Filing a motion to terminate alimony or any type of court action is not necessary.

West Virginia 18 U.S.C. Sec. 2314 TRANSPORTATION OF STOLEN OR CONVERTED GOODS OR GOODS TAKEN BY FRAUD

Wyoming 18 U.S.C. Sec. 2314 TRANSPORTATION OF STOLEN OR CONVERTED GOODS OR GOODS TAKEN BY FRAUD

Wisconsin 18 U.S.C. Sec. 2314 TRANSPORTATION OF STOLEN OR CONVERTED GOODS OR GOODS TAKEN BY FRAUD

Guam 18 U.S.C. Sec. 2314 TRANSPORTATION OF STOLEN OR CONVERTED GOODS OR GOODS TAKEN BY FRAUD

Puerto Rico 18 U.S.C. Sec. 2314 TRANSPORTATION OF STOLEN OR CONVERTED GOODS OR GOODS TAKEN BY FRAUD

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