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.
New Jersey 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 through which an individual seeks a change in their existing alimony agreement due to a sudden job loss or involuntary termination. Alimony is a financial obligation that one spouse may be required to provide to the other following a divorce. When facing unforeseen circumstances such as the loss of a job or employment, it can become difficult for a person to meet their alimony payment obligations. In such cases, filing a motion to modify or amend the divorce decree can be a viable option. This legal process allows the individual to request a reduction in their alimony payments, taking into account the change in their financial situation. In New Jersey, there are several types of motions that individuals can pursue to modify or amend their divorce decree regarding alimony due to involuntary termination of job or employment. These may include: 1. Motion for Temporary Modification: This type of motion seeks a temporary reduction in alimony payments until the individual secures new employment or stabilizes their financial situation. It provides temporary relief during the period of job loss. 2. Motion for Permanent Modification: If the individual's job loss is expected to be long-term or permanent, they may file a motion for a permanent modification of their alimony agreement. This motion aims to adjust the alimony obligations according to the individual's new income level. 3. Motion to Suspend Alimony: In cases where the individual believes that their job loss is temporary but will significantly impact their ability to make alimony payments, they can file a motion to suspend alimony temporarily. This allows them to alleviate the financial burden while they seek new employment. 4. Motion for Reinstatement of Alimony: If the individual successfully secures new employment or experiences an improvement in their financial situation, they can file a motion to reinstate their original alimony agreement. This motion requests a return to the original terms of the divorce decree. It is important to note that the outcome of these motions to modify or amend divorce decrees related to alimony due to job loss or involuntary termination will depend on various factors, such as the individual's efforts to find new employment, their previous financial contributions, and the court's evaluation of the situation. Navigating the New Jersey legal system to modify or amend a divorce decree can be complex. Seeking the guidance of an experienced family law attorney is highly recommended ensuring the process is conducted effectively and in compliance with state laws. These professionals can provide the necessary legal advice and representation to help individuals achieve their desired outcome in their motion to modify or amend their divorce decree to provide for reduction in alimony due to involuntary termination of job or employment.
