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.
In Nevada, a Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment is a legal document that allows an individual to request a change in their alimony payments following the loss of their job or employment. This motion is specifically designed to address situations where individuals are unable to meet their financial obligations due to circumstances beyond their control. When filing a Motion to Modify or Amend Divorce Decree in Nevada, it is crucial to include relevant information and keywords to ensure the court understands the specific reasons for the requested reduction in alimony. Different types of Nevada motions that fall under this category can include: 1. Motion for Reduction in Alimony Payments: This type of motion is filed when an individual experiences involuntary termination of their job or employment, leading to financial hardship and the inability to continue making the previous alimony payments as agreed upon in the divorce decree. 2. Motion for Temporary Reduction in Alimony: This motion is filed when the individual facing involuntary termination of employment seeks a temporary reduction in alimony until they secure suitable employment or overcome their financial difficulties. It allows for a temporary adjustment to help them make ends meet during this challenging period. 3. Motion to Modify Alimony Amount: In some cases, the individual may argue for a modification of the alimony amount instead of a complete reduction. This motion requests the court to adjust the alimony payments to a lower amount that is now affordable given the loss of employment. 4. Motion for Terminating Alimony: In instances where the individual anticipates a prolonged period of unemployment or unavailability of suitable job opportunities, they may file a motion to terminate alimony altogether. This motion seeks to revoke the alimony obligation, stating that the individual can no longer afford to make any payments due to the loss of their job or employment. It is important to note that filing a Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment requires supporting evidence, such as documentation of job termination, severance agreements, employment search efforts, and financial records. Legal representation is recommended to ensure all necessary information and arguments are presented effectively to the court. Overall, by properly understanding and utilizing the relevant keywords and types of Nevada motions available, individuals can seek the necessary modifications to their alimony arrangements when faced with involuntary termination of job or employment, thereby enabling them to navigate their financial challenges during such difficult times.
