Nebraska Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment

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US-01898BG
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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. 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.

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FAQ

Under the divorce and family laws in Nebraska, alimony or spousal support may be granted on a transitional, temporary or permanent basis. The amount awarded may also be modifiable or non-modifiable depending on the court's determination and what the parties contractually agreed to during divorce negotiations.

In Nebraska, alimony is also called spousal support. Alimony isn't automatic in Nebraska courts. One spouse has to request it and prove they need it. If a judge agrees that one spouse is financially dependent on the other, the judge will decide how much alimony to award.

To modify an alimony order, the person seeking to modify alimony must show good cause. Under Nebraska law, good cause is a showing of a material and substantial change in economic circumstances and is analyzed on a case-by-case basis.

Is Nebraska a 50/50 state in divorce? No, Nebraska is not a 50/50 community property state. This means that a judge will determine the division of property during a divorce under equitable distribution policy and not automatically divide assets in half.

Factors which should be considered by a court in determining alimony include: (1) the circumstances of the parties; (2) the duration of the marriage; (3) the history of contributions to the marriage, including contributions to the care and education of the children, and interruption of personal careers or educational ...

Spousal support (commonly referred to as alimony) is not automatic in Nebraska. The party seeking temporary or permanent alimony must prove to the court that the support is necessary.

Some could be around $3,000-$4,000, but we have seen contested divorces reach as high as $15,000. There are certain mandatory filing fees payable to the Nebraska courts ? but the bulk of the costs of divorce are likely to be taken up by the process of negotiating a settlement or going to trial.

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Nebraska Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment