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.
Title: Understanding New Hampshire Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment Introduction: Navigating the complexities of divorce can be challenging, but circumstances can change even after a decree is finalized. In the state of New Hampshire, individuals who experience an involuntary termination of employment or job loss may have the option to file a motion to modify or amend their divorce decree to seek a reduction in alimony payments. This detailed description aims to shed light on the different types of New Hampshire motions involved in this process. 1. Types of New Hampshire Motion to Modify or Amend Divorce Decree: a. Motion to Modify Alimony/Spousal Support: This type of motion allows individuals to request a reduction or elimination of alimony payments due to an involuntary termination of their job or employment. It seeks to reflect the current financial situation post-job loss accurately. b. Motion to Amend Divorce Decree: A broader approach, this motion enables individuals to propose significant changes to various aspects of their divorce decree, including alimony, child custody, and support arrangements. In this case, the motion focuses on modifying the alimony provision to accommodate reduced income due to employment termination. 2. Eligibility Criteria for Filing a Motion to Modify or Amend: To be eligible to file a motion to modify or amend a divorce decree in New Hampshire due to an involuntary termination of job or employment, certain criteria need to be met. These may include the following factors: a. Involuntary Termination: The job loss should be involuntary, meaning it should not be a result of voluntary resignation or termination due to misconduct. Events such as layoffs, downsizing, or closures may qualify. b. Substantial Change in Circumstances: The job or employment termination must result in a substantial reduction in income, making the existing alimony payments unreasonable under the new financial circumstances. c. Good Faith Efforts: The individual filing the motion should demonstrate their good faith efforts to secure a new job or employment or explore alternative means of generating income to the best of their ability. 3. Process of Filing a Motion to Modify or Amend: To initiate the process of modifying or amending a divorce decree in New Hampshire due to an involuntary job or employment termination, follow these general steps: a. Consult an Attorney: Seek advice from a qualified family law attorney experienced in New Hampshire divorce proceedings. They can guide you through the entire process and ensure your legal rights are protected. b. File the Motion: Prepare and file the appropriate motion with the court that handled your original divorce. The motion should outline the reasons for the modification or amendment, referencing the involuntary termination of job or employment as the basis for seeking a reduction in alimony payments. c. Serve Notice: Provide a copy of the filed motion along with any supporting documents, such as termination letters or severance agreements, to your ex-spouse through service of process, ensuring they receive proper notice of the requested modification. 4. Considerations and Legal Implications: When seeking a reduction in alimony payments due to job loss or employment termination, it is crucial to understand that the court will evaluate the individual circumstances carefully. The court may consider factors such as the length of unemployment, attempts to secure new employment, earning capacity, and assets. Conclusion: The New Hampshire Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment represents an opportunity for individuals who have experienced job loss or employment termination to seek a reduction in alimony payments. Understanding the specific criteria, types of motions, and legal processes involved can help individuals navigate this challenging situation effectively. Seeking guidance from a knowledgeable attorney ensures that one's rights and interests are adequately represented throughout the process.
