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 motion to modify or amend a divorce decree in New Mexico to provide for a reduction in alimony due to involuntary termination of job or employment is a legal request made by an individual seeking to adjust their alimony obligations after experiencing job loss or termination. In New Mexico, there are a few different types of motions that can be filed in such circumstances. These include: 1. Motion to Modify Alimony: This motion is filed when a person wants to change the existing alimony order due to a significant change in circumstances, such as involuntary termination of employment. By demonstrating that their job loss was beyond their control, the individual seeks to reduce their alimony payments accordingly. 2. Motion to Amend Divorce Decree: Similar to the motion to modify, a motion to amend the divorce decree is filed when one party seeks revision or adjustment to the terms of the divorce agreement. In this case, the goal is to amend the alimony provision to reflect the change in financial circumstances caused by an involuntary termination of employment. 3. Motion for Reduction in Alimony: This particular motion is specifically aimed at reducing the amount of alimony payments rather than seeking a modification or amendment of the divorce decree as a whole. It is filed when the paying party has experienced a job loss or involuntary termination and can no longer afford the previous alimony amount. 4. Motion for Temporary Reduction of Alimony: In some instances, an individual may experience temporary unemployment or financial hardship but anticipate a return to stable employment in the future. In such cases, a motion for a temporary reduction of alimony can be filed to seek a temporary decrease in alimony payments until the financial situation improves. When filing any of these motions, it is important to provide supporting evidence such as termination letters, unemployment records, new employment search efforts, financial statements, and any other relevant documentation indicating the involuntary nature of the job loss and the resulting financial impact. Additionally, it is essential to consult with an experienced family law attorney to ensure that the motion is properly prepared and presented to the court, increasing the chances of a successful outcome.
