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.
North Carolina Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment is an important document that allows individuals who have experienced job loss or involuntary termination to seek a reduction in the amount of alimony they are required to pay. In North Carolina, there are different types of motions to modify or amend a divorce decree to provide for a reduction in alimony due to job loss or employment termination, including: 1. Motion to Modify Alimony: This type of motion is filed by the paying spouse (obliged) who has lost their job or employment involuntarily. It seeks a reduction in the alimony obligation, taking into consideration the changed financial circumstances due to the termination. 2. Motion to Amend Alimony: If the paying spouse experiences a significant reduction in their income and is unable to meet the current alimony obligation, they can file a motion to amend the divorce decree. This motion requests the court to modify the ongoing alimony payments to a more reasonable amount based on the changed circumstances. 3. Motion to Adjust Alimony: When the paying spouse's employment is terminated involuntarily, resulting in a decrease in income and the inability to pay the full amount of alimony, they may file a motion to adjust alimony. This motion asks the court to adjust the alimony payments to reflect the current financial situation. 4. Motion for Temporary Reduction: If the paying spouse faces temporary unemployment or a reduction in their income, they can file a motion for temporary reduction in alimony. This motion seeks to temporarily lower the alimony amount until they are able to secure a new job or recover financially. 5. Motion to Suspend Alimony: In cases where the paying spouse experiences a complete loss of income due to involuntary job termination, they can file a motion to suspend alimony. This motion requests the court to temporarily suspend the alimony obligation until the paying spouse is able to secure new employment and regain financial stability. It is important to note that each motion type mentioned above has specific requirements, procedures, and legal standards that must be met for the court to consider granting the requested modification or amendment of the divorce decree. Additionally, it is highly recommended that individuals seeking a reduction in alimony due to job loss or employment termination consult with an experienced North Carolina divorce attorney to navigate the legal complexities and ensure the best possible outcome for their case.
