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.
The Michigan Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment is a legal document filed by an individual seeking a change in their alimony payments due to the loss of their job or employment. This motion allows the individual to request a reduction in their alimony obligations, considering the significant change in their financial circumstances. In Michigan, there may be different types of motions to modify or amend a divorce decree regarding alimony reduction due to involuntary job loss or termination. Some of these variations may include: 1. Michigan Motion to Modify Alimony Due to Involuntary Termination: This type of motion is filed by an individual who has experienced an involuntary termination of employment, resulting in a significant decrease in their income. The motion seeks a reduction in the amount of the alimony payments to reflect the changed financial situation. 2. Michigan Motion to Amend Divorce Decree for Temporary Alimony Reduction: In some cases, an individual may be temporarily unemployed due to job loss or involuntary termination. This motion allows the individual to request a temporary reduction in their alimony payments until they can secure new employment or stabilize their financial situation. 3. Michigan Motion to Modify Alimony Based on Changed Financial Circumstances: While not specific to involuntary termination, this motion can be utilized by an individual who has experienced a significant change in their financial circumstances, such as a job loss. The motion requests a reduction in alimony payments based on the changed situation. When filing a motion to modify or amend a divorce decree for alimony reduction in Michigan, it is crucial to adhere to the state's specific legal requirements and procedures. Consulting with an experienced family law attorney is highly recommended ensuring all necessary documents are filed correctly and to increase the chances of obtaining a favorable outcome. In summary, the Michigan Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment is a legal tool utilized by individuals facing job loss or involuntary termination. By submitting this motion, individuals can request a reduction in their alimony obligations to reflect their changed financial circumstances. Seeking professional legal assistance is essential to navigate the complexities of this process effectively.
