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.
Keywords: Mississippi, Motion to Modify, Amend Divorce Decree, Reduction in Alimony, Involuntary Termination, Job, Employment. Description: A Mississippi Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment is a legal process that allows individuals who have experienced an involuntary termination of their job or employment to seek a reduction in their alimony payments in the state of Mississippi. When a person goes through a divorce, alimony may be awarded by the court to provide financial support to the receiving spouse. However, unforeseen circumstances such as losing a job or facing involuntary termination can significantly impact the paying spouse's ability to meet their alimony obligations. In such cases, it is possible to file a motion to modify or amend the divorce decree to request a reduction in alimony payments. There are different types of Mississippi Motions to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment. Some common types include: 1. Motion to Modify Temporary Alimony: This type of motion is used when the alimony awarded during the temporary phase of the divorce proceedings needs to be modified due to an involuntary job loss. 2. Motion to Amend Permanent Alimony: If the court has previously granted permanent alimony and the paying spouse faces an involuntary termination of employment, this motion can be filed to request a reduction in the alimony amount. 3. Motion for Emergency Alimony Modification: In cases where the paying spouse's job loss creates an urgent financial crisis, this motion can be filed to expedite the process of reducing alimony payments. To initiate the process, it is essential to gather evidence of the involuntary termination, such as termination letters, communication records, or Unemployment Compensation documentation. Additionally, financial information illustrating the change in the paying spouse's income and ability to meet the alimony payments should be provided. Once the motion is filed, it will be reviewed by the court, taking into account factors such as the duration of unemployment, efforts made to secure employment, the receiving spouse's financial needs, the paying spouse's ability to pay, and any other relevant circumstances. The court will then determine whether a reduction in alimony is warranted and may modify the divorce decree accordingly. In conclusion, a Mississippi Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment is a legal process that allows individuals to seek a reduction in alimony payments when they experience an involuntary job termination. By filing the appropriate motion and providing supporting evidence, individuals may be able to alleviate their financial burdens during periods of unemployment.
