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Nevada
Motion By Petitioner Spouse to Increase Alimony Payments due to...

Nevada Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse

Category:

Family Law - Divorce - Decrees

State:

Multi-State

Control #:

US-01899BG

Format:

Instant download

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. It 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

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).

Security: Quitting your job could negatively impact your divorce proceedings. If you're the primary breadwinner, it could place your spouse and children in a difficult position financially. It could also be seen as an act of abandonment or desperation, which could damage your case in court.

A last point to consider is that while you cannot quit your job to avoid spousal support, there is no obligation to labor 80 hours per week to support your ex-spouse's lavish, unemployed lifestyle. The California Supreme Court in Marriage of Simpson (1992) 4 Cal.

The key factors analyzed in an alimony decision are each spouse's income, ability to earn and standards of living established during the marriage. If there is a history of violence, abuse or certain criminal convictions, however, this could bar a spouse from receiving alimony payments under California law.

I would respond with care and concern. Inside I would feeling upset, but I would try to show my support. I would let them calm down (quitting a job is usually a stressful situation), and then I would ask open-ended questions to discover what happened.

In California, if the supported spouse?the one who receives alimony?gets remarried, then the paying spouse's obligation to provide spousal support automatically ends, unless both parties agreed to waive Family Code Section 4337. Filing a motion to terminate alimony or any type of court action is not necessary.

Bottom line, no, voluntarily avoiding income during a divorce does not mean one avoids paying spousal support.

In order to receive termination of alimony, you should obtain necessary evidence of life changes, such as your spouse remarrying, becoming deceased, or cohabitation. A judge may not grant termination in other changed circumstances.