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.
A North Dakota 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 that allows an individual to request a change in their alimony payments following the loss of their job or employment. This motion is filed with the court in order to seek a reduction in the amount of alimony owed, as the person's financial circumstances have significantly changed due to the involuntary termination. In North Dakota, there are various types of motions that can be filed to modify or amend a divorce decree to provide for a reduction in alimony due to an involuntary termination of job or employment: 1. Motion to Modify Alimony: This is the most common type of motion to request a change in alimony payments. It involves providing evidence of the involuntary termination of job or employment and demonstrating how this has affected the petitioner's ability to pay the current amount of alimony. 2. Motion for Temporary Reduction in Alimony: In some cases, individuals may experience a temporary loss of income due to an involuntary termination of job or employment. This type of motion seeks a temporary reduction in alimony payments until the person is able to secure new employment or stabilize their financial situation. 3. Motion to Suspend Alimony: If the termination of job or employment is expected to be long-term or permanent, a motion to suspend alimony payments may be appropriate. This type of motion asks the court to temporarily suspend the alimony obligation until the person is able to find new employment or their financial circumstances improve. 4. Motion for Reinstatement of Alimony: If the individual is fortunate enough to obtain new employment or recover their previous income, they may file a motion for the reinstatement of alimony. This motion requests the court to reinstate the original alimony amount or modify it accordingly based on the new financial situation. 5. Motion for Retroactive Modification of Alimony: In situations where an individual has experienced a delay in filing their motion due to extenuating circumstances, they may file a motion for retroactive modification of alimony. This motion seeks a modification in alimony payments that is retroactive to the date of the involuntary termination of job or employment. It is crucial to note that these motions must be supported by evidence and a strong argument detailing the change in financial circumstance due to the involuntary termination. Seeking the assistance of a qualified attorney to navigate the legal process can greatly increase the likelihood of a successful outcome.
