Nevada 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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Multi-State
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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

No, cheating does not affect alimony in Nevada. In some states, cheating spouses may lose the right to alimony, but Nevada is a no-fault divorce state. The courts do not consider misconduct when granting divorce or alimony.

The modification of unaccrued alimony payments is possible, regardless of whether the Court has expressly retained jurisdiction for the modification. A request to have an alimony or spousal support payments modified based on changed circumstances is brought under NRS 125.150(7).

During divorce proceedings, either spouse can request alimony, regardless of gender. However, alimony isn't automatic. The hallmark of every alimony case in Nevada is that the requesting spouse needs financial support and that the other can pay.

Nevada alimony law does not specify how long a couple must have been married in order for a spouse to receive alimony payments upon divorce. Instead, this is left up to the judge's discretion. In most cases if the couple has been married for less than 3 years, it's unlikely that alimony will be awarded.

Alimony is calculated by a formula ? There is no formula for alimony. Judges consider many factors in each individual case. I can get alimony years after my divorce ? Alimony needs to be requested before the divorce is finalized.

Nevada is a community property state. This means that each spouse owns 50% of the property assets and debts acquired during the marriage. Upon divorce or legal separation, courts distribute these assets and debts equally between the spouses.

Process to Modify a Divorce Order in Las Vegas, NV If the parties can agree on the modification that needs to be made then a modifications attorney can prepare a stipulation and proposed order for the court's consideration.

How to Get Out of Paying Alimony in Nevada. The law in Nevada says alimony ends when the spouse receiving alimony either passes away or remarries. You can modify spousal support if the paying party's income increases or decreases by 20% or more. This support modification is considered a change of circumstances.

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